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Russell A. Suzuki, et al. v. Christopher Deedy

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16632 · judgment December 20, 2019


Certiorari denied · June 22, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

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

Question presented

This case presents two straightforward questions: 1) the limits the Constitution and Congress impose on the jurisdiction of lower federal courts; and 2) the state of Hawai‘i’s sovereign right to enforce its criminal laws. [1] 28 U.S.C. § 1257, “as long interpreted”, by the Court, “vests authority to review a state court’s judgment solely in this Court”. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 292, 125 S.Ct. 1517, 1526 (2005). The “paradigm situation” in which a federal district court lacks jurisdiction to proceed are “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Id. at 284, 293, 125 S.Ct. at 1521–22, 1527. The first question presented: Did the Ninth Circuit err in affirming the district court’s exercise of appellate jurisdiction to adjudicate a case brought by a statecourt loser complaining of injuries caused by the judgment rendered by the state’s highest court before the district court proceedings commenced and inviting the court to review and reject that judgment? [2] A long line of decisions of the Court leaves no doubt that “an acquittal . . . encompass[es] any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense.” Evans v. Michigan, 568 U.S. 313, 318, 133 S.Ct. 1069, 1074–75 (2013) (external citations omitted). The second question presented: Did the Ninth Circuit err in concluding that the state trial court’s

Counsel of record

For petitioner
Donn Fudo
Department of the Prosecuting Attorney

For respondent
Matthew Michael Madden
Robbins, Russell, Englert, Orseck & Untereiner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 22 2020
    Petition DENIED.
  2. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  3. May 19 2020
    Brief of respondent Christopher Deedy in opposition filed.
  4. Apr 13 2020
    Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2020.
  5. Apr 10 2020
    Motion to extend the time to file a response from April 20, 2020 to May 20, 2020, submitted to The Clerk.
  6. Mar 18 2020
    Petition for a writ of certiorari filed. (Response due April 20, 2020)