No. 19-1153

Russell A. Suzuki, et al. v. Christopher Deedy

Lower Court: Ninth Circuit
Docketed: 2020-03-20
Status: Denied
Type: Paid
Tags: 28-usc-1257 appellate-review civil-procedure criminal-procedure double-jeopardy exxon-mobil-v-saudi-basic federal-court-jurisdiction federal-jurisdiction lesser-included-offense lesser-included-offenses standing state-court-judgment state-court-judgments
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Limits on federal court jurisdiction to review state court judgments

Question Presented (OCR Extract)

question presented: Did the Ninth Circuit err in affirming the district court’s exercise of appellate jurisdiction to adjudicate a case brought by a statecourt loser complaining of injuries caused by the judgment rendered by the state’s highest court before the district court proceedings commenced and inviting the court to review and reject that judgment? [2] A long line of decisions of the Court leaves no doubt that “an acquittal ... encompass[es] any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense.” Evans v. Michigan, 568 U.S. 313, 318, 133 S.Ct. 1069, 1074-75 (2013) (external citations omitted). The second question presented: Did the Ninth Circuit err in concluding that the state trial court’s il decision not to charge the jury on_ reckless manslaughter—a lesser-included offense of murder for which the defendant stood trial—constituted an acquittal of that offense? iii RELATED CASES a. The Circuit Court of the First Circuit of the State of Hawai'i docketed the proceedings in the state trial court as State v. Deedy, Crim. No. 11-1-1647. The state trial court denied Respondent, Christopher Deedy’s (hereinafter “Deedy”) motions in which he argued that double jeopardy barred his retrial for the offenses of reckless manslaughter and assault—all of which were lesser-included offenses of murder in the seconddegree. See generally, RUSSELL A. SUZUKI et al., Petitioners’ (hereinafter “Hawai‘i Petitioners”)

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-19
Brief of respondent Christopher Deedy in opposition filed.
2020-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2020.
2020-04-10
Motion to extend the time to file a response from April 20, 2020 to May 20, 2020, submitted to The Clerk.
2020-03-18
Petition for a writ of certiorari filed. (Response due April 20, 2020)

Attorneys

Christopher Deedy
Matthew Michael MaddenRobbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Respondent
Matthew Michael MaddenRobbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Respondent
Russell A. Suzuki, et al.
Donn FudoDepartment of the Prosecuting Attorney, Petitioner
Donn FudoDepartment of the Prosecuting Attorney, Petitioner