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Raymond De Botton v. Quality Loan Service Corporation of Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35337 · judgment August 18, 2023


Certiorari denied · January 22, 2024
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a petition filed soon after the judgment below, and down for a business respondent.

Questions presented

Under our legal system, courts determine the relevant facts of a case before applying the law. These functions have long been understood as crucial to the exercise of judicial power because the application of law hinges on the specific circumstances or facts surrounding a dispute. The questions presented for review here are:

  1. Whether Article III courts as institutions, through the judicial officials who operate them, are required to apply the law to the facts of a dispute the parties have brought before the court for adjudication?

  2. Whether Article III courts as institutions, through the judicial officials who operate them, must apply the law to those facts found to exist with regards to judicial inquiries related to appellate courts’ jurisdiction pursuant to the collateral order exceptions to the final judgments rule?

  3. Whether a state court plaintiff, whose case has been removed to a federal court, can insist that his removed case be adjudicated by a judicial officer holding the office of Judge during good behavior?

Counsel of record

For petitioner
Scott Erik Stafne
Stafne Law Advocacy and Consulting

For respondent
Peter Benjamin Gonick
Attorney General of Washington

Case

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

Conference history
Distributed for 2 conferences

Orders
Order list, January 22, 2024 · Certiorari denied
Order list, April 1, 2024 · Rehearing denied

Proceedings

  1. Apr 01 2024
    Rehearing DENIED.
  2. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  3. Feb 16 2024
  4. Jan 22 2024
    Petition DENIED.
  5. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  6. Nov 30 2023
    Waiver of right of respondent State of Washington to respond filed.
  7. Nov 15 2023
    Petition for a writ of certiorari filed. (Response due December 20, 2023)