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Erasmo Aviles, Jr. v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-30001 · judgment September 13, 2018

Certiorari denied · April 29, 2019
Pre-decision estimate: 4% cert probability

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

Question presented

Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government’s interests in declining to seek immunity are strongly outweighed by the accused’s need for the exculpatory testimony?

Counsel of record

For petitioner
Norman J. Silverman
Law Office of Norman J. Silverman

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 29 2019
    Petition DENIED.
  2. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  3. Mar 21 2019
    Brief of respondent United States in opposition filed.
  4. Feb 06 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2019.
  5. Feb 05 2019
    Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
  6. Jan 11 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
  7. Jan 10 2019
    Motion to extend the time to file a response from January 17, 2019 to February 19, 2019, submitted to The Clerk.
  8. Dec 11 2018
    Petition for a writ of certiorari filed. (Response due January 17, 2019)