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Michaels v. Davis

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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.

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