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Kevin Scott Karsjens, et al. v. Jodi Harpstead, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-1459 · judgment July 13, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–11%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before.

Question presented

Whether federal courts have a duty to apply the correct legal standard to a due process claim or can the court apply the wrong legal standard based on an implied waiver?

Counsel of record

For petitioner
Daniel E. Gustafson
Gustafson Gluek, PLLC

For respondent
Aaron E. Winter
Office of the Minnesota Attorney General

Case

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

Conference history
Distributed for 1 conference

Order
Order list, February 20, 2024 · Certiorari denied

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 11 2024
    Waiver of right of respondent Jodi Harpstead, et al. to respond filed.
  4. Dec 11 2023
    Petition for a writ of certiorari filed. (Response due January 16, 2024)