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Michaels v. Davis

Certiorari Denied

Petition for certiorari denied on April 15, 2024.

Docket No.23-5038
Op. Below9th Cir.

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.

Proceedings & orders timeline

Apr 3, 2023
Application (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 6, 2023
Application (22A872) granted by Justice Kagan extending the time to file until July 1, 2023.
Jun 30, 2023
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2023)
Jul 11, 2023
Motion to extend the time to file a response from August 4, 2023 to September 3, 2023, submitted to The Clerk.
Jul 12, 2023
Motion 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, 2023
Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
Aug 28, 2023
Motion to extend the time to file a response is granted and the time is further extended to and including October 5, 2023.
Oct 3, 2023
Brief of respondents Ron Davis, Warden, et al. in opposition filed.
Oct 16, 2023
Reply of petitioner Kurt Michaels filed.
Oct 19, 2023
DISTRIBUTED for Conference of 11/3/2023.
Nov 1, 2023
Rescheduled.
Nov 6, 2023
DISTRIBUTED for Conference of 11/9/2023.
Nov 7, 2023
Rescheduled.
Nov 13, 2023
DISTRIBUTED for Conference of 11/17/2023.
Nov 15, 2023
Rescheduled.
Nov 27, 2023
DISTRIBUTED for Conference of 12/1/2023.
Nov 29, 2023
Rescheduled.
Dec 1, 2023
DISTRIBUTED for Conference of 12/8/2023.
Dec 5, 2023
Rescheduled.
Jan 2, 2024
DISTRIBUTED for Conference of 1/5/2024.
Jan 3, 2024
Rescheduled.
Jan 8, 2024
DISTRIBUTED for Conference of 1/12/2024.
Jan 11, 2024
Rescheduled.
Jan 16, 2024
DISTRIBUTED for Conference of 1/19/2024.
Jan 17, 2024
Rescheduled.
Feb 9, 2024
DISTRIBUTED for Conference of 2/16/2024.
Feb 14, 2024
Record Requested.
Feb 14, 2024
Electronic record received from U.S.C.A. 9th Circuit and U.S.D.C. Southern District of California.
Feb 22, 2024
DISTRIBUTED for Conference of 3/15/2024.
Mar 18, 2024
DISTRIBUTED for Conference of 3/22/2024.
Mar 25, 2024
DISTRIBUTED for Conference of 3/28/2024.
Apr 8, 2024
DISTRIBUTED for Conference of 4/12/2024.
Apr 15, 2024
Petition DENIED. Justice Jackson, dissenting from the denial of certiorari. (Detached Opinion)

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