Supreme Court Report

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David E. Olson, et al. v. Mark O'Brien, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35727 · judgment December 5, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Ninth Circuit decision below, and a petition citing three to ten dissents.

Question presented

Whether the Due Process clause of the Fourteenth Amendment permits biased, ex parte communications between state agency officials which reverse an administrative hearing officer’s decision without notice to the parties and an opportunity to be heard?

Counsel of record

For petitioner
Mario Lincoln Bird
Law Office of Mario L. Bird

For respondent
Katherine Elizabeth Demarest
Alaska Department of Law

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2020 · Certiorari denied

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 08 2020
    Waiver of right of respondent Mark O'Brien, et al. to respond filed.
  4. Jun 11 2020
    Petition for a writ of certiorari filed. (Response due July 27, 2020)