Supreme Court of the United States · Official docket →
Michael Pina v. Estate of Jacob Dominguez
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15554 · judgment May 10, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
San Jose police stopped decedent Jacob Dominguez, who was wanted for armed robbery, after tailing the FDUKHZDVGULYLQJ2IÀFHU0LFKDHO3LQDH[LWHGKLVFDU and ordered Dominguez to put his hands up. Dominguez reluctantly did, then quickly dropped his hands and OHDQHG IRUZDUG LQ WKH GULYHU·V VHDW 2IÀFHU 3LQD KDG LQIRUPDWLRQ'RPLQJXH]ZDVLQSRVVHVVLRQRIDÀUHDUPDQG EHOLHYHG'RPLQJXH]ZDVUHDFKLQJIRULWVR2IÀFHU3LQD shot Dominguez, killing him. All that occurred within 30 seconds. 1. Did the Ninth Circuit err so as to warrant VXPPDU\UHYHUVDOE\UHIXVLQJTXDOLÀHGLPPXQLW\ without identifying any precedent finding a Fourth Amendment violation based on similar facts and, indeed, overriding its own cases holding DQRIÀFHUZRXOGQRWYLRODWHWKH&RQVWLWXWLRQXQGHU the circumstances the jury found?
Counsel of record
For petitioner
Malgorzata Laskowska
Office of City Attorney, City of San Jose
For respondent
John Kevin Crowley
John Kevin Crowley, Attorney at Law
Case
Conference history
Distributed for 5 conferences
Argument & decision
Decided February 24, 2025.
Proceedings
- Feb 24 2025Petition DENIED. Justice Alito, with whom Justice Thomas joins, dissenting from the denial of certiorari. (Detached Opinion)
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 21 2025Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
- Jan 17 2025Record Requested.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 20 2024Reply of petitioner Michael Pina filed. (Distributed)
- Dec 06 2024Brief of respondent Estate of Jacob Dominguez in opposition filed.
- Nov 05 2024Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2024.
- Oct 28 2024Motion to extend the time to file a response from November 6, 2024 to December 6, 2024, submitted to The Clerk.
- Oct 07 2024Response Requested. (Due November 6, 2024)
- Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 05 2024Waiver of right of respondent Estate of Jacob Dominguez to respond filed.
- Aug 08 2024Petition for a writ of certiorari filed. (Response due September 16, 2024)