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Susan Porter v. Kelly Martinez, in Her Official Capacity as Sheriff of San Diego County, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55149 · judgment May 22, 2023


Certiorari denied · February 26, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly 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

MARYANN ALMEIDA DAVIS WRIGHT TREMAINE LLP 920 5th Avenue, Suite 3300 Seattle, WA 98104 Counsel for Petitioner

Counsel of record

For petitioner
Thomas R. Burke
Davis Wright Tremaine LLP

For respondent
Samuel Thomas Harbourt
California Department of Justice

Case

Conference history
Distributed for 2 conferences

Linked docket
23A91

Proceedings

  1. Feb 26 2024
    Petition DENIED.
  2. Feb 07 2024
    DISTRIBUTED for Conference of 2/23/2024.
  3. Feb 06 2024
    Reply of petitioner Susan Porter filed. (Distributed)
  4. Jan 22 2024
    Brief of respondent Sean Duryee in opposition filed.
  5. Jan 22 2024
    Amicus brief of Erwin Chemerinsky not accepted for filing. (January 24, 2024 - the brief is out of time. See Rule 37.2)
  6. Jan 19 2024
    Brief of respondent Kelly Martinez, in Her Official Capacity as Sheriff of San Diego County, in opposition filed.
  7. Dec 06 2023
    Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2024, for all respondents.
  8. Dec 04 2023
    Motion of respondent Sean Duryee to extend the time to file a response from December 21, 2023 to January 22, 2024, submitted to The Clerk.
  9. Nov 21 2023
    Response Requested. (Due December 21, 2023)
  10. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  11. Nov 01 2023
    Waiver of right of respondent Kelly Martinez to respond filed.
  12. Oct 27 2023
    Waiver of right of respondent Sean Duryee to respond filed.
  13. Oct 19 2023
    Petition for a writ of certiorari filed. (Response due November 22, 2023)
  14. Aug 02 2023
    Application (23A91) granted by Justice Kagan extending the time to file until October 19, 2023.
  15. Jul 27 2023
    Application (23A91) to extend the time to file a petition for a writ of certiorari from August 20, 2023 to October 19, 2023, submitted to Justice Kagan.