ELDRIDGE v. HOWARD

No. 21-15616.

70 F.4th 543 (2023)

Clinton T. ELDRIDGE, Petitioner-Appellant, v. Catricia HOWARD; Patricia K. Cushwa, Acting Chairman of the U.S. Parole Commission, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2023.


Attorney(s) appearing for the Case

Keith J. Hilzendeger (argued), Assistant Federal Public Defender; Jon M. Sands , Federal Public Defender, District of Arizona; Federal Public Defender's Office; Phoenix, Arizona; for Petitioner-Appellant.

Timothy R. Cahill (argued) and Suzanne Grealy Curt , Assistant United States Attorneys; Office of the United States Attorney; Washington, D.C.; Melissa Marcus Kroeger , Assistant United States Attorney; Christina M. Cabanillas , Deputy Appellate Chief; Gary M. Restaino , United States Attorney, District of Arizona; Office of the United States Attorney; Tucson, Arizona; for Respondents-Appellees.

Dissent by Judge Bumatay


OPINION

The issue here is whether the District of Columbia Superior Court counts as a "State court," for purposes of 28 U.S.C. § 2253(c)(1), when the statute is silent on the matter. We conclude, for purposes of 28 U.S.C. § 2253(c)(1), that a District of Columbia Superior Court is not a "State court...

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