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William French Anderson v. Dean Borders, Warden

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55130 · judgment October 19, 2017

Certiorari denied · April 2, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether this court should resolve the longstanding conflict among the Circuits as to whether findings by a state court without affording a habeas petitioner an evidentiary hearing result in an “unreasonable determination of the facts” not entitled to deference by a federal court under 28 U.S.C. § 2254(d)(2).

Counsel of record

For petitioner
Douglas W. Otto
Law Offices of Douglas W. Otto

For respondent
Blythe J. Leszkay
California Attorney General's Office

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 2, 2018 · Certiorari denied

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Mar 07 2018
    Waiver of right of respondent Dean Borders to respond filed.
  4. Feb 26 2018
    Petition for a writ of certiorari filed. (Response due April 2, 2018)