Supreme Court Report

Supreme Court of the United States · Official docket →

Kenneth Miller v. Robert Ferguson, Attorney General of Washington

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35032 · judgment April 26, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a petition filed soon after the judgment below, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

Is the following question one that jurists of reason would find debatable? Does the total prohibition on the exercise of a person’s fundamental Second Amendment right to keep a firearm in one’s home for purposes of self-defense constitute the type of “severe restraint on liberty” described in Hensley v. Municipal Court, 411 U.S. 345, 351 (1973) which satisfies the habeas corpus custody requirement of 28 U.S.C. § 2254(a)?

Counsel of record

For petitioner
James Elliot Lobsenz
Carney Badley Spellman, P.S.

For respondent
Anne Elizabeth Egeler

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, October 7, 2019 · Certiorari denied

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 07 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jul 31 2019
    Waiver of right of respondent Robert Ferguson to respond filed.
  4. Jul 23 2019
    Petition for a writ of certiorari filed. (Response due August 26, 2019)