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Alaska v. Sean Wright

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35543 · judgment September 2, 2020


GVR'd · April 26, 2021
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

Sean Wright fully served his Alaska sexual-abuse-of-a-minor convictions as of September 17, 2016. After moving from Alaska, Wright was convicted, under federal law, of failure to register as a sex offender in federal court in Tennessee. In February 2018 Wright filed a habeas petition under 28 U.S.C. § 2254 in federal court in Alaska, challenging his sexual-abuse-of-a-minor convictions on speedy trial grounds. The district court dismissed the petition on the basis that Wright was not in custody on the Alaska convictions. The Ninth Circuit reversed. Relying on Zichko v. Idaho, 247 F.3d 1015, 1019-20 (9th Cir. 2001), it held that Wright’s incarceration and supervised release term for the federal failure-to-register conviction rendered him in custody for purposes of challenging his fully-served Alaska convictions. Wright v. Alaska, 819 Fed.Appx. 544, 545-46 (9th Cir., Sept. 2, 2020). This petition for a writ of certiorari presents the following question: When an offender has fully served the sentence imposed pursuant to a state conviction, does a federal habeas court have jurisdiction to consider a § 2254 challenge to that conviction merely because it served as a predicate for an independent federal conviction under which the offender is now in custody?

Counsel of record

For petitioner
Donald Earl Soderstrom
State of Alaska, Office of Criminal Appeals

For respondent
Stuart Banner
UCLA School of Law Supreme Court Clinic

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. May 28 2021
    JUDGMENT ISSUED.
  2. Apr 26 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
  3. Apr 19 2021
    DISTRIBUTED for Conference of 4/23/2021.
  4. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  5. Mar 26 2021
    Reply of petitioner Alaska filed.
  6. Mar 15 2021
    Brief of respondent Sean Wright in opposition filed.
  7. Feb 12 2021
    Brief amici curiae of States of Indiana, et al. filed.
  8. Jan 22 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2021.
  9. Jan 21 2021
    Motion to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
  10. Jan 07 2021
    Petition for a writ of certiorari filed. (Response due February 12, 2021)