Supreme Court Report

Supreme Court of the United States · Official docket →

Stephen Robert Deck v. California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55923 · judgment September 5, 2023


Certiorari denied · February 20, 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 counsel who has filed here before, and down for a state or local-government respondent and a petition filed soon after the judgment below.

Question presented

Whether California’s sex offender registration mandates under Calif. Penal Code section 290 place sufficiently significant burdens on a registrant’s liberty so as to allow a federal habeas corpus petitioner standing to file a timely federal habeas petition under 22 U.S.C. 2254; that is, whether the registration burdens “significantly restrain petitioner’s liberty to do those things which in this country free men are entitled to do[.]” Jones v. Cunningham, 371 U.S. 236, 243 (1963). Lower courts are divided on whether a person is “in custody” after being sentenced to sex offender registration requiring lifetime physical appearances at a police station for in-person reporting and registering, fingerprinting, photograph-taking, limitations on travel, and other restrictions, all under threat of a criminal sanction for non-compliance. For habeas purposes, petitioner is in custody, no matter whether registration is retributive, remedial, rehabilitative, administrative, civil, or as a number of state courts have held, criminal.

Counsel of record

For petitioner
Charles M Sevilla

For respondent
Collette Catherine Cavalier
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2024
    Petition DENIED.
  2. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  3. Jan 10 2024
    Waiver of right of respondent California to respond filed.
  4. Dec 27 2023
    Petition for a writ of certiorari filed. (Response due January 29, 2024)