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David T. Smith, et al. v. Raymond Berthiaume

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-16345 · judgment November 22, 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

Whether it is reversible error to not question a jury pool about sexual orientation bias, any time it is requested by a gay ligtigant, due to the country’s “long history of cultural disapprobation and prior legal condemnation of same-sex relationships”, and does such a ruling directly into conflict with this Court’s holding in Rosales-Lopez v. United States, 451 U.S. 182, 101 S.Ct. 1629, 68 L.Ed. 2d 22 (1981).

Counsel of record

For petitioner
Michael T. Burke
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A

For respondent
Katherine Eastmoore Giddings
Akerman LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 21 2018
    Petition DENIED.
  2. May 01 2018
    DISTRIBUTED for Conference of 5/17/2018.
  3. Apr 23 2018
    Waiver of right of respondent Raymond Berthiaume to respond filed.
  4. Apr 17 2017
    Petition for a writ of certiorari filed. (Response due May 23, 2018)