No. 23-5038

Kurt Michaels v. Ron Davis, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2023-07-05
Status: Denied
Type: IFP
Relisted (13)IFP Experienced Counsel
Tags: aggravating-evidence appellate-review capital-case confession confession-evidence cumulative-error harmless-error harmless-error-analysis jury-deliberation jury-deliberations ninth-circuit-review
Latest Conference: 2024-04-12 (distributed 13 times)
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2024-04-15
Petition DENIED. Justice Jackson, dissenting from the denial of certiorari. (Detached Opinion)
2024-04-08
DISTRIBUTED for Conference of 4/12/2024.
2024-03-25
DISTRIBUTED for Conference of 3/28/2024.
2024-03-18
DISTRIBUTED for Conference of 3/22/2024.
2024-02-22
DISTRIBUTED for Conference of 3/15/2024.
2024-02-14
Electronic record received from U.S.C.A. 9th Circuit and U.S.D.C. Southern District of California.
2024-02-14
Record Requested.
2024-02-09
DISTRIBUTED for Conference of 2/16/2024.
2024-01-17
Rescheduled.
2024-01-16
DISTRIBUTED for Conference of 1/19/2024.
2024-01-11
Rescheduled.
2024-01-08
DISTRIBUTED for Conference of 1/12/2024.
2024-01-03
Rescheduled.
2024-01-02
DISTRIBUTED for Conference of 1/5/2024.
2023-12-05
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-29
Rescheduled.
2023-11-27
DISTRIBUTED for Conference of 12/1/2023.
2023-11-15
Rescheduled.
2023-11-13
DISTRIBUTED for Conference of 11/17/2023.
2023-11-07
Rescheduled.
2023-11-06
DISTRIBUTED for Conference of 11/9/2023.
2023-11-01
Rescheduled.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-16
2023-10-03
2023-08-28
Motion to extend the time to file a response is granted and the time is further extended to and including October 5, 2023.
2023-08-25
Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
2023-07-12
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.
2023-07-11
Motion to extend the time to file a response from August 4, 2023 to September 3, 2023, submitted to The Clerk.
2023-06-30
2023-04-06
Application (22A872) granted by Justice Kagan extending the time to file until July 1, 2023.
2023-04-03
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.

Attorneys

Kurt Michaels
Benjamin Lee ColemanBenjamin L. Coleman Law PC, Petitioner
Ron Davis, et al.
Seth Matthew FriedmanOffice of the California Attorney General, Respondent