No. 19-121

Kenneth Miller v. Robert Ferguson, Attorney General of Washington

Lower Court: Ninth Circuit
Docketed: 2019-07-26
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 2nd-amendment 351 (1973) which satisfies the habeas-corpus 411 US. 345 civil-rights custody-requirement due-process standing 2nd-amendment civil-rights due-process firearm-prohibition fundamental-rights habeas-corpus liberty-interest second-amendment self-defense severe-restraint-on-liberty standing
Key Terms:
SecondAmendment HabeasCorpus Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the total prohibition on the exercise of a person's fundamental Second Amendment right to keep a firearm in one's home for purposes of self-defense constitute the type of 'severe restraint on liberty' described in Hensley v. Municipal Court, 411 US. 345, 351 (1973) which satisfies the habeas corpus custody requirement of 28 U.S.C. § 2254(a)?

Question Presented (OCR Extract)

QUESTION PRESENTED Is the following question one that jurists of reason would find debatable? Does the total prohibition on the exercise of a person’s fundamental Second Amendment right to keep a firearm in one’s home for purposes of self-defense constitute the type of “severe restraint on liberty” described in Hensley v. Municipal Court, 411 US. 345, 351 (1973) which satisfies the habeas corpus custody requirement of 28 U.S.C. § 2254(a)?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-07-31
Waiver of right of respondent Robert Ferguson to respond filed.
2019-07-23
Petition for a writ of certiorari filed. (Response due August 26, 2019)

Attorneys

Kenneth Miller
James Elliot LobsenzCarney Badley Spellman, Petitioner
James Elliot LobsenzCarney Badley Spellman, Petitioner
Robert Ferguson
Anne Elizabeth EgelerAttorney General's Office, Respondent
Anne Elizabeth EgelerAttorney General's Office, Respondent