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Erica Huss, Warden v. Loren Robinson

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-2067 · judgment August 24, 2018

Certiorari denied · February 25, 2019

Pre-decision estimate: 5% cert probability (95% interval 3%–10%)

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

Question presented

Whether it is clearly established federal law, as is required to grant relief in a federal habeas case, that the Sixth Amendment jury right applies not only to a definite sentence (which creates an entitlement to be released at the end of that sentence) but also to a parole-eligibility date.

Counsel of record

For petitioner
B. Eric Restuccia
Michigan Department of Attorney General

For respondent
Kristin Cope
Baker Botts

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, February 25, 2019 · Certiorari denied

Proceedings

Feb 25 2019
Petition DENIED.
Feb 06 2019
DISTRIBUTED for Conference of 2/22/2019.
Feb 05 2019
Reply of petitioner Erica Huss filed.
Jan 23 2019
Brief of respondent Loren Robinson in opposition filed.
Dec 04 2018
Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2019.
Nov 30 2018
Motion to extend the time to file a response from December 24, 2018 to January 23, 2019, submitted to The Clerk.
Nov 20 2018
Petition for a writ of certiorari filed. (Response due December 24, 2018)