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Timothy Filson, Warden, et al. v. Paul L. Browning

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-99002 · judgment September 20, 2017


Certiorari denied · June 4, 2018
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

—CAPITAL CASE The question presented is: Whether the Ninth Circuit failed to adhere to the deferential requirements of review required by AEDPA when it relied on circuit precedent to define the contours of constitutional rights and merely substituted its own judgment for that of the Nevada Supreme Court by improperly engaging in independent fact-finding.

Counsel of record

For petitioner
Lawrence J. C. Van Dyke
Office of the Nevada Attorney General

For respondent
Timothy K. Ford
MacDonald Hoague & Bayless

Case

Conference history
Distributed for 1 conference

Linked docket
17A788

Proceedings

  1. Jun 04 2018
    Petition DENIED.
  2. Jun 04 2018
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  3. May 15 2018
    DISTRIBUTED for Conference of 5/31/2018.
  4. May 11 2018
    Reply of petitioners Timothy Filson, et al. filed.
  5. Apr 27 2018
    Brief of respondent Paul Browning in opposition filed.
  6. Apr 27 2018
    Motion for leave to proceed in forma pauperis filed by respondent Paul Browning.
  7. Apr 02 2018
    Petition for a writ of certiorari filed. (Response due May 7, 2018)
  8. Jan 26 2018
    Application (17A788) granted by Justice Kennedy extending the time to file until April 2, 2018.
  9. Jan 24 2018
    Response to application from respondent Paul Browning filed.
  10. Jan 22 2018
    Application (17A788) to extend the time to file a petition for a writ of certiorari from February 1, 2018 to April 2, 2018, submitted to Justice Kennedy.