Supreme Court of the United States · Official docket →
Jonathan Phillips v. California
Paid petition · Court of Appeal of California, Sixth Appellate District, No. H051373 · judgment January 6, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Does a felony false imprisonment conviction obtained by way of a nolo contendere plea violate the due process protections of the Fifth and Fourteenth Amendments where Petitioner was never advised by his defense counsel that his plea would later make him ineligible for California Penal Code Section 17(b)1 relief (reduction from felony to a misdemeanor)?
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Has the equal protection clause of the Fourteenth Amendment been violated where individuals who have been found guilty of a felony by a jury were afforded section 17(b) relief, but Petitioner, who plead nolo contendere to the “wobbler” offense of felony false imprisonment, was not?
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Should a felony false imprisonment conviction obtained by way of a nolo contendere plea, be reduced to a misdemeanor where, as here, it was never proven (and there is no evidence) the crime was accomplished with “violence, menace, fraud or deceit”? 1 Hereinafter, all undesignated statutory references are to the California Penal Code.
Counsel of record
For petitioner
Orly Ahrony
Ahrony Appeals Law Group
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 30 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 10 2025Petition for a writ of certiorari filed. (Response due July 14, 2025)