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Javier Flores Gaytan v. Michael Hardee

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-7041 · judgment November 20, 2018

Certiorari denied · April 22, 2019

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

May a State, consistent with due process, obtain a criminal conviction and 37-year prison sentence against a criminal defendant where the primary evidence of the defendant’s guilt was a wire-recording that the defendant nor the jurors at the defendant’s trial were permitted to hear, but instead whose contents were summarized by the defendant’s arresting officer?

Counsel of record

For petitioner
Paul Andrew Tharp
Arnold & Smith, PLLC

For respondent
—

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 22, 2019 · Certiorari denied

Proceedings

Apr 22 2019
Petition DENIED.
Apr 02 2019
DISTRIBUTED for Conference of 4/18/2019.
Feb 14 2019
Petition for a writ of certiorari filed. (Response due March 21, 2019)