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Raheem Chabezz Johnson v. Jeffery Kiser, Warden

Paid petition · Supreme Court of Virginia, No. 181631 · judgment August 16, 2019


Certiorari denied · May 26, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether an indigent defendant who seeks the appointment of a mental conditions expert to assist in the sentencing phase of his trial is denied due process if the trial court first requires him to satisfy more than the three threshold criteria established by this Court in Ake v. Oklahoma, 470 U.S. 68 (1985), and clarified in McWilliams v. Dunn, 137 S. Ct. 1790 (2017). (i)

Counsel of record

For petitioner
Elliott Schulder
Covington & Burling LLP

For respondent
Toby Jay Heytens
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
19A502

Proceedings

  1. May 26 2020
    Petition DENIED.
  2. May 05 2020
    DISTRIBUTED for Conference of 5/21/2020.
  3. May 04 2020
    Reply of petitioner Raheem Johnson filed. Distributed
  4. Apr 24 2020
    Brief of respondent Jeffrey Kiser in opposition filed.
  5. Feb 27 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2020.
  6. Feb 25 2020
    Motion to extend the time to file a response from March 25, 2020 to April 24, 2020, submitted to The Clerk.
  7. Feb 24 2020
    Response Requested. (Due March 25, 2020)
  8. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  9. Feb 03 2020
    Waiver of right of respondent Jeffrey Kiser to respond filed.
  10. Jan 13 2020
    Petition for a writ of certiorari filed. (Response due February 14, 2020)
  11. Nov 07 2019
    Application (19A502) granted by The Chief Justice extending the time to file until January 13, 2020.
  12. Nov 02 2019
    Application (19A502) to extend the time to file a petition for a writ of certiorari from November 14, 2019 to January 13, 2020, submitted to The Chief Justice.