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Larry Benzon, Warden v. Troy Michael Kell

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-4191 · judgment May 28, 2019

Certiorari denied · November 18, 2019
Pre-decision estimate: 6% 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 dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

Whether a district court’s order staying and abeying a capital prisoner’s habeas corpus petition under Rhines v. Weber, 544 U.S. 269 (2005), is immediately appealable under the collateral-order doctrine.

Counsel of record

For petitioner
Tyler Green
Consovoy McCarthy PLLC

For respondent
Dale A. Baich
Arizona Public Defender, Capital Habeas Unit

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Nov 18 2019
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Nov 18 2019
    Petition DENIED.
  3. Nov 14 2019
    Rule 35.3 notice of substitution of public officer received.
  4. Oct 30 2019
    DISTRIBUTED for Conference of 11/15/2019.
  5. Oct 30 2019
    Reply of petitioner Larry Benzon, Warden, Utah State Prison filed.
  6. Oct 29 2019
    Waiver of the 14-day waiting period under 15.5 filed.
  7. Oct 23 2019
    Brief of Troy Michael Kell in opposition not accepted for filing. (October 25, 2019)
  8. Oct 23 2019
    Brief of respondent Troy Michael Kell in opposition filed.
  9. Oct 23 2019
    Motion for leave to proceed in forma pauperis filed by respondent Troy Michael Kell.
  10. Sep 23 2019
    Brief amici curiae of State of Indiana, et al. filed.
  11. Sep 20 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2019.
  12. Sep 17 2019
    Motion to extend the time to file a response from September 23, 2019 to October 23, 2019, submitted to The Clerk.
  13. Aug 21 2019
    Petition for a writ of certiorari filed. (Response due September 23, 2019)