In Sanchez v. Davis, the Ninth Circuit yesterday affirmed the denial of a habeas corpus petition filed by a condemned prisoner whose death sentence the California Supreme Court affirmed on direct automatic appeal over a quarter century ago (People v. Sanchez (1995) 12 Cal.4th 1). The Supreme Court also denied a state habeas petition in 1997.
The federal appeals court said its decision was governed by a standard of review that “is highly deferential and demands that state court decisions be given the benefit of the doubt.”
Despite the Supreme Court’s actions in the 90’s and yesterday’s Ninth Circuit decision, the prisoner is still seeking relief in the California courts. Just two years ago, the Supreme Court transferred to the superior court a second state habeas petition, part of a wholesale discretionary transfer of capital habeas petitions under Proposition 66 (see here). According to the Ninth Circuit’s opinion, that habeas petition is still pending.
The Ninth Circuit usually, but not always, refuses to overturn California Supreme Court death penalty decisions.
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