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Alan Mapuatuli, et al. v. Matthew G. Whitaker, Acting Attorney General

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-17292 · judgment March 2, 2018


Certiorari denied · November 13, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Resolving a conflict within federal courts, are the Sixth Amendment rights of federal inmates and detainees to the assistance of counsel violated when their prison emails with counsel, especially those labeled as "confidential attorney'client privileged communication," are nevertheless intercepted and allowed to be read as a matter of presently established Bureau of Prisons and Justice Department policy by their employees, including prosecutors?

  2. Are federal inmates and detainees required to exhaust Congressional Prison Litigation Reform Act administrative procedures before being allowed to object in court to violations of their Sixth Amendment rights to the assistance of counsel when their prison emails with counsel, especially those labeled as "confidential attorney-client privileged communication," are nevertheless intercepted and allowed to be read as a matter of presently established Bureau of Prisons and Justice Department policy by their employees, including prosecutors?

  3. Are the attorney work product privileges and ownership rights of criminal defense attorneys violated when their prison emails with inmate and detainee clients, especially those labeled as "confi.dential attorney'client privileged communication," are admittedly allowed to be read as a matter of Bureau of Prisons and Justice Department policy by their employees, including prosecutors?

Counsel of record

For petitioner
Gary Victor Dubin
Dubin Law Offices

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A1319

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Jul 30 2018
    Petition for a writ of certiorari filed. (Response due October 4, 2018)
  4. May 31 2018
    Application (17A1319) granted by Justice Kennedy extending the time to file until July 30, 2018.
  5. May 21 2018
    Application (17A1319) to extend the time to file a petition for a writ of certiorari from May 31, 2018 to July 30, 2018, submitted to Justice Kennedy.