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Clifford James Frost, Jr. v. Dana Nessel, Attorney General of Michigan

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-1132 · judgment April 17, 2025


Certiorari denied · October 14, 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

Does the “bad faith” exception to Younger preemption require the plaintiff to show that he or she has been subject to multiple criminal prosecutions as a prerequisite to proving that a prosecution has been undertaken in bad faith without hope of obtaining a valid conviction, or can a single criminal prosecution be sufficient?

Counsel of record

For petitioner
Edward Francis Kickham III
Kickham Hanley PLLC

For respondent
Ann Maurine Sherman
Michigan Department of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 14 2025
    Petition DENIED.
  2. Sep 24 2025
    DISTRIBUTED for Conference of 10/10/2025.
  3. Sep 18 2025
    Waiver of right of respondent Dana Nessel, Attorney General of Michigan to respond filed.
  4. Jul 16 2025
    Petition for a writ of certiorari filed. (Response due October 10, 2025)