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Roberto Carlos Ortiz-Cervantes v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1788 · judgment August 21, 2017

Certiorari denied · April 2, 2018
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

Whether a warrant signed by a magistrate judge without the authority or jurisdiction to do so is valid, and if not valid can then be saved by this Court’s decision in United States v. Leon, 468 U.S. 897 (1984), preventing exclusion of evidence obtained by the invalid warrant.

Counsel of record

For petitioner
Paul Jason Forney
Forney Roth, LLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 20 2018
    Reply of petitioner Roberto Ortiz-Cervantes filed. (Distributed)
  3. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  4. Feb 23 2018
    Brief of respondent United States in opposition filed.
  5. Jan 16 2018
    Motion to extend the time to file a response from January 17, 2018 to February 23, 2018, submitted to The Clerk.
  6. Jan 16 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including February 23, 2018.
  7. Dec 13 2017
    Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2018.
  8. Dec 12 2017
    Motion to extend the time to file a response from December 18, 2017 to January 17, 2018, submitted to The Clerk.
  9. Nov 14 2017
    Petition for a writ of certiorari filed. (Response due December 18, 2017)