Supreme Court Report

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Henry L. Watson, III v. Kenya Mason, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 24-2498 · judgment September 12, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

relieved of its burden to disprove it; and violated Lockett when the State’s statutory interpretation barred consideration of constitutionally relevant evidence.

  1. Whether a conflict between a criminal statute and its corresponding jury instruction creates statutory vagueness and ambiguity requiring judicial review of legislative history under the Due Process Clause.

  2. Whether trial counsel rendered ineffective assistance under Strickland by pursuing an improper civil remedy and failing to object to the jury’s disregard of the instruction and the State’s post-verdict reinterpretation of the statute.

  3. Whether, under Estelle v. McGuire, a state law violation that categorically barred the jury’s consideration of self-defense under Wis. Stat. § 939.48(3) and contradicted Wisconsin Jury Instruction 820 rises to a federal constitutional violation requiring review by this Court.

Counsel of record

For petitioner
Henry Watson III

For respondent
Daniel J. O'Brien
WI Department of Justice

Case

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

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 17 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 09 2026
    Waiver of right of respondent Kenya Mason to respond filed.
  4. Dec 22 2025
    Petition for a writ of certiorari filed. (Response due June 12, 2026)