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Nicholas Yarofalchuw v. John Cabrera, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15279 · judgment March 8, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is it clearly established that a warrantless arrest, in the absence of exigent circumstances, by physical force, for a misdemeanor, in the entrance to the curtilage of the suspect’s home is an unreasonable seizure, or could a reasonable officer still believe that the “doorway exception” of United States v. Santana, 427 U.S. 38 (1976), allows for such an arrest?

Counsel of record

For petitioner
Joseph Edward Horey

For respondent
Jonathan Robert Glass Jr.
CNMI Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 07 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Aug 01 2024
    Waiver of right of respondent John Cabrera, et al. to respond filed.
  4. Jul 22 2024
    Petition for a writ of certiorari filed. (Response due August 26, 2024)