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Roger Nepal v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-10228 · judgment June 27, 2018

Certiorari denied · January 7, 2019
Pre-decision estimate: 3% cert probability

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

Question presented

NO. 1 Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, must Griffith v. Kentucky be applied to the entire case? QUESTION PRESENTED NO. 2 Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, should a de novo or plain error standard of review be applied when determining whether there was error in the proceedings below based on the new law, when the defendant could not have made particular objections in the trial court based on the new law?

Counsel of record

For petitioner
J. Craig Jett
Burleson Pate & Gibson

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 19 2018
    Waiver of right of respondent United States to respond filed.
  4. Nov 07 2018
    Petition for a writ of certiorari filed. (Response due December 13, 2018)