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W. Scott Harkonen v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-16844 · judgment December 4, 2017


Certiorari denied · November 5, 2018
Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a writ of error coram nobis should issue for a petitioner who presents “compelling” new evidence that establishes his actual innocence of the crime of conviction. (i)

Counsel of record

For petitioner
Alan Evan Schoenfeld
Wilmer, Cutler, Pickering, Hale and Dorr, LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
18A107

Proceedings

  1. Nov 05 2018
    Petition DENIED.
  2. Nov 01 2018
    Brief amicus curiae of The Innocence Project filed.
  3. Oct 31 2018
    Brief amicus curiae of Professor Steven N. Goodman filed. (Distributed)
  4. Oct 17 2018
    DISTRIBUTED for Conference of 11/2/2018.
  5. Oct 10 2018
    Waiver of right of respondent United States of America to respond filed.
  6. Oct 01 2018
    Petition for a writ of certiorari filed. (Response due November 2, 2018)
  7. Jul 30 2018
    Application (18A107) to extend the time to file a petition for a writ of certiorari from August 30, 2018 to October 1, 2018, submitted to Justice Kennedy.
  8. Jul 30 2018
    Application (18A107) granted by Justice Kennedy extending the time to file until October 1, 2018.