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Gene Deveraux v. Montana

Paid petition · Supreme Court of Montana, No. DA 19-0671 · judgment July 5, 2022

Certiorari denied · March 20, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a petition citing one or two dissents, and down for a state or local-government respondent.

Question presented

Whether a trial court commits structural error, requiring automatic reversal under the Sixth Amendment, when it seats a biased juror after erroneously denying a for-cause challenge to that juror.

Counsel of record

For petitioner
Fred Anthony Rowley Jr.
Wilson Sonsini Goodrich & Rosati

For respondent
Peter Martin Torstensen Jr.
Montana Attorney General's Office

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Linked docket
22A243

Order
Order list, March 20, 2023 · Certiorari denied

Proceedings

  1. Mar 20 2023
    Petition DENIED.
  2. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  3. Feb 28 2023
    Reply of petitioner Gene Deveraux filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Feb 13 2023
    Brief of respondent of Montana in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Dec 23 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 13, 2023.
  6. Dec 22 2022
    Motion to extend the time to file a response from January 13, 2023 to February 13, 2023, submitted to The Clerk.
    Main Document
  7. Dec 14 2022
    Response Requested. (Due January 13, 2023)
  8. Dec 07 2022
    DISTRIBUTED for Conference of 1/6/2023.
  9. Dec 05 2022
    Brief amicus curiae of Montana Association of Criminal Defense Lawyers filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Nov 29 2022
    Waiver of right of respondent Montana to respond filed.
    Main Document
  11. Nov 02 2022
    Petition for a writ of certiorari filed. (Response due December 5, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  12. Sep 20 2022
    Application (22A243) granted by Justice Kagan extending the time to file until November 2, 2022.
  13. Sep 16 2022
    Application (22A243) to extend the time to file a petition for a writ of certiorari from October 3, 2022 to November 2, 2022, submitted to Justice Kagan.
    Main DocumentProof of Service