Supreme Court of the United States · Official docket →
Roberto Lopez-Ortiz v. Massachusetts
IFP petition · Appeals Court of Massachusetts, No. 2023-P-295 · judgment February 12, 2025
Certiorari denied · February 23, 2026
Question presented
Roberto Lopez-Ortiz is serving life in prison for an offense that no longer exists. He fully preserved his challenge to second-degree felony-murder at trial and, while his direct appeal was pending, the state supreme court abolished that offense for the same reasons that he asserted. Consistent with due process, must this substantive change to the offense apply to him on direct review?
Counsel of record
For petitioner
David James Nathanson
Jellison & Nathanson, LLP
For respondent
Jennifer Kay Zalnasky
Office of the Attorney General of Massachusetts
Proceedings
- Feb 23 2026Petition DENIED.
- Feb 05 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 28 2026Waiver of right of respondent Massachusetts to respond filed.
- Dec 22 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2026)
- Aug 26 2025Application (25A220) granted by Justice Jackson extending the time to file until December 22, 2025.
- Aug 23 2025Application (25A220) to extend the time to file a petition for a writ of certiorari from October 23, 2025 to December 22, 2025, submitted to Justice Jackson.