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Nicholas Crystal v. Calvin Johnson, Warden, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16294 · judgment June 15, 2023


Certiorari denied · November 6, 2023
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Did the Ninth Circuit, in a post-conviction appeal by a sentenced Nevada State prisoner, commit reversible error in its pro forma, non-reasoned blanket denial of a Certificate of Appealability to a mentally deficient Appellant pursuant to 28 U.S.C. § 2253(c)?

Counsel of record

For petitioner
Donald J. Green
Law Offices of Donald J Green

For respondent
Matthew S. Johnson
Nevada Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 06 2023
    Petition DENIED.
  2. Oct 18 2023
    DISTRIBUTED for Conference of 11/3/2023.
  3. Sep 20 2023
    Waiver of right of respondent Calvin Johnson, Warden, et al. to respond filed.
  4. Sep 08 2023
    Petition for a writ of certiorari filed. (Response due October 12, 2023)