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Stephen Robert Deck v. California

Paid petition · Court of Appeal of California, Fourth Appellate District, Division Three, No. G057168 · judgment May 12, 2020

Certiorari denied · December 7, 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.

Questions presented

Whether the temporal direct step element of an attempt offense may be changed by jury instructions to occur on the charged “on or about” dates, or the next day, or a date “reasonably close” to the charged dates without violating the Fourteenth Amendment due process right to a jury charge precisely stating the charged crime?
Whether the State can avoid the requirement of jury unanimity under Ramos v. Louisiana, U.S., 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), by equati ng the direct step element of attempt with an overt act non-element of a conspiracy?
Whether Maryland v. Shatzer, 559 U.S. 98 (2010), permits an interview of a defendant in his home during the execution of a search warrant hours after his custodial arrest and invocation of the right to counsel?

For petitioner
Charles M Sevilla

For respondent
David Andrew Wildman
CA Atty. Gene. Offfice

Conference history
Distributed for 1 conference

Dec 07 2020
Petition DENIED.
Nov 10 2020
DISTRIBUTED for Conference of 12/4/2020.
Nov 09 2020
Waiver of right of respondent California to respond filed.
Sep 24 2020
Petition for a writ of certiorari filed. (Response due November 2, 2020)