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Ricky Durham v. Richard Adams, Warden

Paid petition · Supreme Court of Missouri, No. SC100678 · judgment September 3, 2024

Certiorari denied · April 7, 2025
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the Supremacy Clause of the United States Constitution preempted the State of Missouri from the prosecution of a criminal defendant for the killing of a postal worker performing their official duties when Congress enacted 18 U.S.C. § 1114 to address such crimes.

Counsel of record

For petitioner
Kevin Louis Schriener
Law & Schriener, LLC

For respondent
Joshua Michael Divine
Office of the Missouri Attorney General

Case

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

Conference history
Distributed for 1 conference

Linked docket
24A416

Order
Order list, April 7, 2025 · Certiorari denied

Proceedings

  1. Apr 07 2025
    Petition DENIED.
  2. Mar 19 2025
    DISTRIBUTED for Conference of 4/4/2025.
  3. Feb 03 2025
    Waiver of right of respondent Richard Adams, Warden to respond filed.
    Main Document
  4. Jan 30 2025
    Petition for a writ of certiorari filed. (Response due March 6, 2025)
    PetitionAppendixCertificate of Word CountProof of Service
  5. Oct 29 2024
    Application (24A416) to extend the time to file a petition for a writ of certiorari from December 2, 2024 to January 31, 2025, submitted to Justice Kavanaugh.
    Main Document
  6. Oct 29 2024
    Application (24A416) granted by Justice Kavanaugh extending the time to file until January 31, 2025.