Young v. Pfeiffer, No. 19-70286 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit denied an application for authorization to file a second or successive 28 U.S.C. 2254 habeas corpus petition. The panel held that the Supreme Court has not made Riley v. California, 573 U.S. 373 (2014), which held that a warrant is generally required to search a cell phone's data, retroactive. Therefore, the applicant has not made a prima facie showing that his application to file a section 2254 petition met the requirements of 18 U.S.C. 2244(b)(2)(A).
Court Description: Habeas Corpus Denying an application for authorization to file a second or successive 28 U.S.C. § 2254 habeas corpus petition, the panel held that the Supreme Court has not made Riley v. California, 573 U.S. 373 (2014) (holding that a warrant is “generally required” to search a cell phone’s data), retroactive; and that the applicant has therefore not made a prima face showing that his application to file a second or successive § 2254 petition meets the requirements of 18 U.S.C. § 2244(b)(2)(A).
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