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Charles L. Ryan, Director, Arizona Department of Corrections v. Robert Allen Poyson

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 10-99005 · judgment January 12, 2018

Certiorari denied · June 18, 2018
Pre-decision estimate: 18% cert probability (95% interval 12%–27%)

Before the decision, about 4.4× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a state or local-government petitioner, and a Ninth Circuit decision below.

Questions presented

  1. Did the Ninth Circuit err in interpreting Federal Rule of Appellate Procedure 41(d)(1) to permit an appellate court to withhold its mandate indefinitely and thereby retain jurisdiction long after this Court denied a petition for certiorari?

  2. Did the Ninth Circuit err in holding that the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254, permits a federal court to disregard a state court’s language and instead presume constitutional error based on the federal court’s perception of state-court error in other cases?

Counsel of record

For petitioner
Dominic Emil Draye
Greenberg Traurig LLP

For respondent
Jeffrey T. Green
Green Lauerman Chartered P.L.L.C.

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 18 2018
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Jun 18 2018
    Petition DENIED.
  3. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  4. May 24 2018
    Reply of petitioner Charles L. Ryan, Director, Arizona Department of Corrections filed.
  5. May 11 2018
    Brief of respondent Robert Allen Poyson in opposition filed.
  6. May 11 2018
    Motion for leave to proceed in forma pauperis filed by respondent Robert Allen Poyson.
  7. Apr 11 2018
    Brief amicus curiae of Arizona Voice for Crime Victims filed.
  8. Apr 11 2018
    Brief amici curiae of States of Nevada, et al. filed.
  9. Mar 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2018
  10. Mar 23 2018
    Motion to extend the time to file a response from April 11, 2018 to May 11, 2018, submitted to The Clerk.
  11. Mar 08 2018
    Petition for a writ of certiorari filed. (Response due April 11, 2018)