Edward Harold Schad, 10–305, CA9, presents the questions (1) Whether, by awarding a defendant an evidentiary hearing on diligence and a simultaneously hearing on the merits, despite his lack of diligence, the Ninth Circuit’s opinion conflicts with Court precedent and the AEDPA; and (2) whether the Ninth Circuit’s opinion conflicts with Court precedent and AEDPA, by remanding the case for an evidentiary hearing without analyzing whether a colorable… [read post]

” COA denied, however, on whether, “on (2) whether Simmons was denied effective assistance of counsel during the penalty phase of his trial, in violation of the Sixth and Fourteenth Amendments “ Edward Harold Schad v. [read post]