Supreme Court Report

Supreme Court of the United States · Official docket →

Nassau County District Attorney's Office v. Mark Orlando

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-2390 · judgment February 11, 2019

Certiorari denied · May 18, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Questions presented

  1. Did the Court of Appeals violate the deferential review requirements of 28 U.S.C. § 2254(d) by setting aside a state murder conviction based on its de novo analysis of a confrontation claim, without fulfilling its obligation to consider the arguments supporting the state court’s denial of the claim or whether fairminded jurists could agree with the state court’s conclusions?

  2. Did the Court of Appeals misapply the Supreme Court’s holdings in Bruton v. United States and Tennessee v. Street, and violate Teague v. Lane, by granting habeas relief based on a new rule of law, when it held that the constitutional guarantee of confrontation precludes the admission of inculpatory accomplice statements—even if not admitted for their truth and accompanied by limiting instructions—unless the defendant has testified and the State refrains from referencing the accomplice statements in any manner or expressly disavows the truth of the statements?

  3. Did the Court of Appeals err in determining that the state court’s failure to follow its new confrontation rule constituted an unreasonable application of clearly established Federal law, as determined by the Supreme Court of the United States, where the Supreme Court has never promulgated the new confrontation rule announced by the Second Circuit?

Counsel of record

For petitioner
Tammy Jennifer Smiley
Nassau County District Attorney's Office

For respondent
Jane Simkin Smith

Case

Conference history
Distributed for 23 conferences

Proceedings

  1. May 18 2020
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. May 18 2020
    Petition DENIED.
  3. May 11 2020
    DISTRIBUTED for Conference of 5/15/2020.
  4. Apr 29 2020
    Rescheduled.
  5. Apr 27 2020
    DISTRIBUTED for Conference of 5/1/2020.
  6. Apr 22 2020
    Rescheduled.
  7. Apr 20 2020
    DISTRIBUTED for Conference of 4/24/2020.
  8. Apr 15 2020
    Rescheduled.
  9. Apr 13 2020
    DISTRIBUTED for Conference of 4/17/2020.
  10. Apr 01 2020
    Rescheduled.
  11. Mar 30 2020
    DISTRIBUTED for Conference of 4/3/2020.
  12. Mar 25 2020
    Rescheduled.
  13. Mar 23 2020
    DISTRIBUTED for Conference of 3/27/2020.
  14. Mar 18 2020
    Rescheduled.
  15. Mar 16 2020
    DISTRIBUTED for Conference of 3/20/2020.
  16. Mar 02 2020
    DISTRIBUTED for Conference of 3/6/2020.
  17. Mar 02 2020
    Rescheduled.
  18. Feb 27 2020
    Rescheduled.
  19. Feb 24 2020
    DISTRIBUTED for Conference of 2/28/2020.
  20. Feb 19 2020
    Rescheduled.
  21. Feb 14 2020
    DISTRIBUTED for Conference of 2/21/2020.
  22. Jan 22 2020
    Rescheduled.
  23. Jan 21 2020
    DISTRIBUTED for Conference of 1/24/2020.
  24. Jan 16 2020
    Rescheduled.
  25. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  26. Jan 08 2020
    Rescheduled.
  27. Jan 06 2020
    DISTRIBUTED for Conference of 1/10/2020.
  28. Dec 09 2019
    DISTRIBUTED for Conference of 12/13/2019.
  29. Dec 09 2019
    Rescheduled.
  30. Dec 03 2019
    Rescheduled.
  31. Dec 02 2019
    DISTRIBUTED for Conference of 12/6/2019.
  32. Nov 20 2019
    Rescheduled.
  33. Nov 18 2019
    DISTRIBUTED for Conference of 11/22/2019.
  34. Nov 13 2019
    Rescheduled.
  35. Nov 12 2019
    DISTRIBUTED for Conference of 11/15/2019.
  36. Nov 06 2019
    Rescheduled.
  37. Nov 04 2019
    DISTRIBUTED for Conference of 11/8/2019.
  38. Oct 30 2019
    Rescheduled.
  39. Oct 28 2019
    DISTRIBUTED for Conference of 11/1/2019.
  40. Oct 17 2019
    Rescheduled.
  41. Oct 15 2019
    DISTRIBUTED for Conference of 10/18/2019.
  42. Oct 08 2019
    Rescheduled.
  43. Oct 07 2019
    DISTRIBUTED for Conference of 10/11/2019.
  44. Sep 26 2019
    Rescheduled.
  45. Sep 18 2019
    Reply of petitioner Nassau County District Attorney's Office filed. (Distributed)
  46. Sep 04 2019
    DISTRIBUTED for Conference of 10/1/2019.
  47. Aug 20 2019
    Motion for leave to proceed in forma pauperis filed by respondent Mark Orlando.
  48. Aug 20 2019
    Brief of respondent Mark Orlando in opposition filed.
  49. Jul 24 2019
    Response Requested. (Due August 23, 2019)
  50. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  51. Jun 11 2019
    Waiver of right of respondent Mark Orlando to respond filed.
  52. May 08 2019
    Petition for a writ of certiorari filed. (Response due June 13, 2019)