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Michael Sexton, Warden v. Nicholas Beaudreaux

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-15345 · judgment September 18, 2017

GVR'd · June 28, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the court of appeals violated the deferential review requirements of 28 U.S.C. § 2254(d) by setting aside a state conviction based on its de novo analysis of an ineffective-assistance claim, without fulfilling its obligation to consider whether fairminded jurists could agree with the state court’s contrary conclusion.

Counsel of record

For petitioner
Peggy S. Ruffra
California Department of Justice

For respondent
Jamie Lee Moore
Attorney at Law

Case

Conference history
Distributed for 11 conferences

Proceedings

  1. Jul 30 2018
    JUDGMENT ISSUED.
  2. Jun 28 2018
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  3. Jun 28 2018
    Petition GRANTED. Judgment REVERSED and case REMANDED. Justice Breyer dissents. Opinion per curiam. (Detached Opinion)
  4. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  5. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  6. Jun 13 2018
    Rescheduled.
  7. Jun 11 2018
    DISTRIBUTED for Conference of 6/14/2018.
  8. Jun 06 2018
    Rescheduled.
  9. Jun 04 2018
    DISTRIBUTED for Conference of 6/7/2018.
  10. May 30 2018
    Rescheduled.
  11. May 29 2018
    DISTRIBUTED for Conference of 5/31/2018.
  12. May 23 2018
    Rescheduled.
  13. May 21 2018
    DISTRIBUTED for Conference of 5/24/2018.
  14. May 16 2018
    Rescheduled.
  15. May 14 2018
    DISTRIBUTED for Conference of 5/17/2018.
  16. May 09 2018
    Rescheduled.
  17. May 07 2018
    DISTRIBUTED for Conference of 5/10/2018.
  18. Apr 26 2018
    Rescheduled.
  19. Apr 23 2018
    DISTRIBUTED for Conference of 4/27/2018.
  20. Apr 18 2018
    Rescheduled.
  21. Apr 16 2018
    DISTRIBUTED for Conference of 4/20/2018.
  22. Apr 12 2018
    Rescheduled.
  23. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  24. Mar 27 2018
    Reply of petitioner Michael Sexton, Warden filed.
  25. Mar 09 2018
    Brief of respondent Nicholas Beaudreaux in opposition filed.
  26. Mar 09 2018
    Motion for leave to proceed in forma pauperis filed by respondent.
  27. Feb 06 2018
    Petition for a writ of certiorari filed. (Response due March 9, 2018)