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Patricia Morrison v. Quest Diagnostics Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-15277 · judgment December 21, 2021


Certiorari denied · June 27, 2022
Pre-decision estimate: 0% cert probability

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

Question presented

For two years, Petitioner has sought access to HIV/DNA testing on newly discovered biological evidence, that could prove TOMMY “THE DUKE” MORRISON, aka TOMMY GUNN from ROCKY V, was innocent on February 10, 1996 of having “HIV”. The February 10, 1996, “HIV” test is the injury traceable to the immediate cancellation of the boxing fight that night, indefinite, worldwide, medical suspension from boxing, and cancellation of a multi-million-dollar fight contract to fight Mike Tyson, and $110 million dollars in damages in this case. The 1996 Nevada Legisla­ ture’s boxing license regulation (NAC 467.027) re­ quired Legislative approval to enforce HIV testing. It was not until August 07, 1997, HIV testing was pro­ posed, later adopted by the Legislature, and effective for the first time on December 02, 1997 (NAC 467.027 section (3)(b)). In 2012 and 2013 TOMMY was repeat­ edly tested for AIDS by various physicians and labora­ tories, including HIV specialists, using different HIV testing methods-all of which confirmed negative re­ sults for any AIDS diseases. TOMMY died September 01, 2013, his September 17, 2013 postmortem pathol­ ogy report “Final Diagnosis” lists: “No viral particles seen. No viral particles were found. No retroviral budding is present. No Retroviral inclusions pre­ sent. No viral particles were seen.” The 3 Ques­ tions Presented are: (1) May a Petitioner from an Estate seek access to HIV/DNA testing on newly discovered, preserved, biological exculpatory evidence, belonging to decedent

Counsel of record

For petitioner
Patricia Morrison

For respondent
Delores Faye Caldwell
Caldwell Everson PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 22 2022
    Rehearing DENIED.
  2. Jul 28 2022
    DISTRIBUTED.
  3. Jul 14 2022
    Petition for Rehearing filed.
  4. Jun 27 2022
    Petition DENIED.
  5. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  6. Jun 03 2022
    Reply of petitioner Patricia Morrison filed. (Distributed)
  7. May 23 2022
    Brief of respondents Quest Diagnostics Inc. and John Hiatt in opposition filed.
  8. Apr 28 2022
    Waiver of right of respondents Nevada State Athletic Commission, Dr. Margaret Goodman, and Marc Ratner to respond filed.
  9. Apr 20 2022
    Petition for a writ of certiorari filed. (Response due May 23, 2022)