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Estate of William Han Manstrom-Greening, Through Carol J. Manstrom, Personal Representative v. Lane County, Oregon, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-35340 · judgment September 5, 2023


Certiorari denied · March 18, 2024
Pre-decision estimate: 5% cert probability

Before the decision, modestly above 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 petition filed soon after the judgment below.

Question presented

The Federal Rules of Evidence establish the framework within courts must make their determinations as to admissibility. Under Rule 402, the baseline for admissibility is relevance. Evidence is relevant if it tends to increase or decrease the probability of a fact at issue in the action. Fed. R. Evid. 401. The subject of this appeal is whether the district court abused its discretion in excluding testimony and data about the risk of harm that is created when a loaded and unlocked firearm is left in plain view and freely accessible to unauthorized users. THE QUESTION PRESENTED IS: Is an expert’s testimony about the psychological connection between the visible presence of unsecured firearms and death by suicide relevant to a jury’s determination on negligence?

Counsel of record

For petitioner
Elizabeth Claire Savage
Karmel Savage, PC

For respondent
Ivan Resendiz Gutierrez
Miller Nash LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 21 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 06 2024
    Brief of respondents Lane County, et al. in opposition filed.
  4. Dec 26 2023
    Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2024.
  5. Dec 26 2023
    Waiver of right of respondent Glenn Greening to respond filed.
  6. Dec 22 2023
    Motion to extend the time to file a response from January 8, 2024 to February 7, 2024, submitted to The Clerk.
  7. Dec 04 2023
    Petition for a writ of certiorari filed. (Response due January 8, 2024)