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San Bernardino County District Attorney, et al. v. Kevin Cooper, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16547 · judgment September 16, 2021


Certiorari denied · October 3, 2022
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

Capital Case

  1. Whether the United States Court of Appeals for the Ninth Circuit improperly denied Petitioners intervention in death penalty litigation by deviating both from this Court’s precedent and that of the circuit.

  2. Whether a state governor may manipulate the federal courts in order to thwart imposition of state law indefinitely, both by other state constitutional officers and by any successor in the office of governor.

Counsel of record

For petitioner
Robert Paul Brown
San Bernardino County District Attorney's Office

For respondent
John R. Grele
Law Office of John R Grele

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Motion for leave to proceed in forma pauperis filed by respondents GRANTED.
  2. Oct 03 2022
    Petition DENIED. Justice Thomas would grant the petition for a writ of certiorari.
  3. Sep 14 2022
    Reply of petitioners San Bernardino County District Attorney, et al. filed. (Distributed)
  4. Sep 07 2022
    DISTRIBUTED for Conference of 9/28/2022.
  5. Aug 24 2022
    Brief of respondents Albert Greenwood Brown, et al. in opposition filed.
  6. Aug 24 2022
    Motion for leave to proceed in forma pauperis filed by respondents Albert Greenwood Brown, et al.
  7. Aug 23 2022
    Brief of respondents California Governor Gavin Newsom, et al. in opposition filed.
  8. Jul 14 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2022.
  9. Jul 12 2022
    Motion to extend the time to file a response from August 4, 2022 to August 24, 2022, submitted to The Clerk.
  10. Jun 15 2022
    Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2022.
  11. Jun 14 2022
    Motion to extend the time to file a response from July 5, 2022 to August 4, 2022, submitted to The Clerk.
  12. May 31 2022
    Petition for a writ of certiorari filed. (Response due July 5, 2022)