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Robert J. Rice v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1102 · judgment November 16, 2017


Certiorari denied · May 21, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The 1968 federal Wiretap Act, 18 U.S.C. §§ 2510– 2522, as amended by the 1986 Electronic Communications Privacy Act (collectively, “the Act”), provides for “suppression” of illegally seized “wire” and “oral” communications but not of illegally seized “electronic” communications. See id. §§ 2515, 2518(10)(a), 2518(10)(c). Yet the Act also provides that witnesses must not “disclose” illegally seized “electronic” communications through testimony during a trial. Id. §§ 2511(1)(c), 2517(3). Does the Wiretap Act, as amended, require courts to bar trial testimony that would disclose illegally seized electronic communications?

Counsel of record

For petitioner
Peter Goldberger

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A821

Proceedings

  1. May 21 2018
    Petition DENIED.
  2. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  3. Apr 26 2018
    Waiver of right of respondent United States to respond filed.
  4. Apr 13 2018
    Petition for a writ of certiorari filed. (Response due May 17, 2018)
  5. Mar 09 2018
    Application (17A821) granted by Justice Alito extending the time to file until April 15, 2018.
  6. Mar 02 2018
    Application (17A821) to extend further the time from March 16, 2018 to April 15, 2018, submitted to Justice Alito.
  7. Feb 06 2018
    Application (17A821) granted by Justice Alito extending the time to file until March 16, 2018.
  8. Feb 01 2018
    Application (17A821) to extend the time to file a petition for a writ of certiorari from February 14, 2018 to March 16, 2018, submitted to Justice Alito.