Skip to content

Michaels v. Davis

Petition for certiorari denied on April 15, 2024

Docket No. Op. Below Argument Opinion Vote Author Term
23-5038 9th Cir. N/A N/A N/A N/A OT 2023

Issue: Whether a court reviewing a cold record in a capital case may determine that the effect of an erroneously admitted confession and other improper aggravating evidence was harmless as to the penalty by characterizing the evidence as cumulative without evaluating objective factors showing an effect on the jury deciding the case, including jury communications focusing on the confession, the prosecutor"s statements about the importance of the evidence, and lengthy jury deliberations.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/03/2023Application (22A872) to extend the time to file a petition for a writ of certiorari from May 2, 2023 to July 1, 2023, submitted to Justice Kagan.
04/06/2023Application (22A872) granted by Justice Kagan extending the time to file until July 1, 2023.
06/30/2023Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2023)
07/11/2023Motion to extend the time to file a response from August 4, 2023 to September 3, 2023, submitted to The Clerk.
07/12/2023Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023. See Rule 30.1.
08/25/2023Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
08/28/2023Motion to extend the time to file a response is granted and the time is further extended to and including October 5, 2023.
10/03/2023Brief of respondents Ron Davis, Warden, et al. in opposition filed.
10/16/2023Reply of petitioner Kurt Michaels filed.
10/19/2023DISTRIBUTED for Conference of 11/3/2023.
11/01/2023Rescheduled.
11/06/2023DISTRIBUTED for Conference of 11/9/2023.
11/07/2023Rescheduled.
11/13/2023DISTRIBUTED for Conference of 11/17/2023.
11/15/2023Rescheduled.
11/27/2023DISTRIBUTED for Conference of 12/1/2023.
11/29/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
12/05/2023Rescheduled.
01/02/2024DISTRIBUTED for Conference of 1/5/2024.
01/03/2024Rescheduled.
01/08/2024DISTRIBUTED for Conference of 1/12/2024.
01/11/2024Rescheduled.
01/16/2024DISTRIBUTED for Conference of 1/19/2024.
01/17/2024Rescheduled.
02/09/2024DISTRIBUTED for Conference of 2/16/2024.
02/14/2024Record Requested.
02/14/2024Electronic record received from U.S.C.A. 9th Circuit and U.S.D.C. Southern District of California.
02/22/2024DISTRIBUTED for Conference of 3/15/2024.
03/18/2024DISTRIBUTED for Conference of 3/22/2024.
03/25/2024DISTRIBUTED for Conference of 3/28/2024.
04/08/2024DISTRIBUTED for Conference of 4/12/2024.
04/15/2024Petition DENIED. Justice Jackson, dissenting from the denial of certiorari. (Detached Opinion)