Supreme Court Report

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Stephen Joseph Johnson v. Montana

Paid petition · Supreme Court of Montana, No. DA 23-0581 · judgment February 24, 2026


Certiorari denied · October 13, 2026
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition, and down for a petition of 3,000 to 6,000 words and a state or local-government respondent.

Question presented

What is the appropriate standard for assessing whether the Confrontation Clause of the Sixth Amendment permits a prosecution witness to testify by two-way video?

Counsel of record

For petitioner
Stuart Banner
UCLA School of Law Supreme Court Clinic

For respondent
Christian B. Corrigan
Montana Department of Justice

Case

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

Conference history
Distributed for 2 conferences

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 23 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 15 2026
    Reply of Stephen Joseph Johnson not accepted for filing. (To be corrected - September 18, 2026)
  4. Sep 15 2026
    Reply of petitioner Stephen Joseph Johnson filed. (Corrected)
  5. Sep 04 2026
    Brief of respondent Montana in opposition filed.
  6. Jul 10 2026
    Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2026.
  7. Jul 09 2026
    Motion to extend the time to file a response from August 5, 2026 to September 4, 2026, submitted to The Clerk.
  8. Jul 06 2026
    Response Requested. (Due August 5, 2026)
  9. Jun 24 2026
    DISTRIBUTED for Conference of 9/28/2026.
  10. May 06 2026
    Petition for a writ of certiorari filed. (Response due June 10, 2026)