Kevin Cooper (inmate) - Appeals

Appeals

Cooper has filed multiple appeals and applications for a writ of habeas corpus, all of which have been denied. On December 4, 2007, the Ninth Circuit Court of Appeals denied Cooper's third federal petition for a writ of habeas corpus. The panel concluded: "As the district court, and all state courts, have repeatedly found, evidence of Cooper’s guilt was overwhelming. The tests that he asked for to show his innocence 'once and for all' show nothing of the sort."

On May 11, 2009, the Ninth Circuit denied Cooper's request for a rehearing en banc of the 2007 panel decision. Four judges (Fletcher, Wardlaw, Fisher, and Reinhardt) filed dissents, indicating that they disagreed with the decision. Judge Fletcher stated that there was a strong likelihood that the police may have tampered with the evidence. Eleven judges joined the dissents (fourteen votes were required to grant the request for a rehearing). Judge Rymer, who authored the original panel decision, filed a concurrence.

Cooper's petition for certiorari to the United States Supreme Court was denied on November 30, 2009.

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