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Michael Moran v. California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15869 · judgment January 10, 2019


Certiorari denied · May 20, 2019
Pre-decision estimate: 1% cert probability

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

Question presented

Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that admission of petitioner's in-custody statements in the absence of Miranda advisements did not deprive petitioner of due process of law under the Fifth and Fourteenth Amendments? Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that the trial court's exclusion of evidence did not violate petitioner's right to present a defense under the Fifth, Sixth and Fourteenth Amendments? Could a jurist of reason find that the state court unreasonably applied clearly established federal law in determining that prosecutorial misconduct in voir dire and closing argument did not violate petitioner's right to a fair trial and right to counsel under the Fifth, Sixth and Fourteenth Amendments? Could a jurist of reason find that even if none of these errors were prejudicial in themselves, the cumulative effect of these error deprived petitioner of a fair trial under the Fourteenth Amendment?

Counsel of record

For petitioner
Paul Gilruth McCarthy
Law Offices of Beles & Beles

For respondent
Jill M. Thayer
California Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 20 2019
    Petition DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 18 2019
    Waiver of right of respondent People of the State of California to respond filed.
  4. Apr 08 2019
    Petition for a writ of certiorari filed. (Response due May 16, 2019)