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Stephen Edward May v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15603, 17-15704 · judgment March 27, 2020


Certiorari denied · March 29, 2021
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Can a court find counsel’s conduct to be effective under Strickland v. Washington by positing strategies that hypothetically could have, but demonstrably did not, motivate counsel’s conduct?

  2. Is counsel’s uninformed decision on a crucial issue—such as consenting to post-mistrial deliberations by discharged jurors made without any investigation of law and facts—a strategic judgment entitled to deference under Strickland?

  3. Is counsel’s failure to preserve an obvious federal constitutional challenge to a state statute imposing on the defendant the burden to prove his innocent intent deficient performance under Strickland?

Counsel of record

For petitioner
Erica T. Dubno
Herald Price Fahringer PLLC d/b/a Fahringer & Dubn

For respondent
J. D. Nielsen
Arizona Attorney General's Office

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 29 2021
    Petition DENIED.
  2. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  3. Mar 10 2021
    Brief amicus curiae of National Association for Rational Sexual Offense Laws filed. (Distributed)
  4. Feb 12 2021
    Waiver of right of respondent David Shinn to respond filed.
  5. Jan 29 2021
    Petition for a writ of certiorari filed. (Response due March 11, 2021)