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Jessica Salazar v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-1863 · judgment February 6, 2025


Certiorari denied · October 6, 2025

Question presented

In the criminal trial of Jessica Salazar, the prosecutor placed repeated emphasis on Ms. Salazar’s request for a prayer. It was the first line of the prosecution’s opening statement, and it was repeated many times in its closing. The Ninth Circuit held on de novo review this was no error—that prayer is evidence of a guilty mind. This case presents grave concern regarding an individual’s right to religious freedom: What place, if any, does an individual’s religious belief have in a criminal case? Because the Ninth Circuit diverged from the circuit courts on this important question, this Court should grant certiorari and resolve the issue. prefix

Counsel of record

For petitioner
Marina Henri
Federal Defenders of San Diego, Inc.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 07 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 30 2025
    Waiver of right of respondent United States to respond filed.
  4. Jul 16 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2025)