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Sandra Lee Bart v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-1236 · judgment April 24, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for an Eighth Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Questions presented

  1. Did the Eighth Circuit fail to follow its own precedent, and rule contrary to other Appellate Circuits and the United States Supreme Court when it approved the District Court’s failure to accede to define counsel’s request to conduct an evidentiary hearing after a juror announced the guilt of the Defendant to other jurors during trial and before instructions were read?

  2. Were the convictions unsupported by substantial evidence, and was the Defendant deprived of due process, when the conspiracy convictions were based on false statements made by a co-defendant on forms submitted to the U.S. Department of State and Labor, allegedly in violation of Department of Labor Regulations that were not put into evidence, but were the subject of Government witness oral testimony that misrepresented the regulations in effect at the time of the formation of the alleged “conspiracy”?

Counsel of record

For petitioner
James Vincent O'Brien
Buchanan, Williams and Stilley, P.C.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 19 2018
    Rehearing DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 26 2018
    Petition for Rehearing filed.
  4. Oct 01 2018
    Petition DENIED.
  5. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  6. Aug 07 2018
    Waiver of right of respondent United States to respond filed.
  7. Jul 23 2018
    Petition for a writ of certiorari filed. (Response due August 30, 2018)