Supreme Court of the United States · Official docket →
Benjamin Allen Tolle v. Ryan LeGore, Superintendent, Two Rivers Correctional Institution
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-5862 · judgment February 19, 2026
Pending
Question presented
May a federal court look to surrounding circumstances to deem a state court opinion’s otherwise explicit reliance on a procedural violation ambiguous, and thus apply Harris v. Reed, 489 U.S. 255, 263 (1989) to presume that the state court decided a federal question?
Counsel of record
For petitioner
Julie Pitt Vandiver
Federal Defender Office, District of Oregon
For respondent
Paul L. Smith
Oregon Department of Justice - Appellate Division
Proceedings
- Aug 20 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 13 2026Waiver of right of respondent LeGore, Supt., Two Rivers to respond filed.
- Jul 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2026)
- Jun 18 2026Application (25A1412) granted by Justice Kagan extending the time to file until July 28, 2026.
- Jun 16 2026Application (25A1412) to extend the time to file a petition for a writ of certiorari from June 28, 2026 to July 28, 2026, submitted to Justice Kagan.