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Edward Michael Nero, et al. v. Marilyn J. Mosby

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1166, 17-1168, 17-1169 · judgment May 7, 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.

Question presented

Whether a prosecutor is acting as an “advocate” and is entitled to absolute immunity when the prosecutor performs an investigation and provides those investigatory materials to a law enforcement officer. Whether a prosecutor is entitled to absolute immunity when the prosecutor provides legal advice, including legal advice as to the existence of probable cause, to a law enforcement officer.

Counsel of record

For petitioner
Catherine Flynn
THE LAW FIRM OF CATHERINE FLYNN

For respondent
Karl Aram Pothier
Office of the Maryland Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
18A101

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 12 2018
    Waiver of right of respondent Marilyn Mosby to respond filed.
  4. Oct 04 2018
    Petition for a writ of certiorari filed. (Response due November 5, 2018)
  5. Jul 31 2018
    Application (18A101) granted by The Chief Justice extending the time to file until October 4, 2018.
  6. Jul 26 2018
    Application (18A101) to extend the time to file a petition for a writ of certiorari from August 5, 2018 to October 4, 2018, submitted to The Chief Justice.