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Victor Thomas v. New York

Paid petition · Court of Appeals of New York, No. 87 · judgment November 26, 2019

Certiorari denied · March 30, 2020
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 provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior courts of jurisdiction to hear even unwaivable issues, conflicts with Garza v. Idaho, 139 S. Ct. 738 (2019), and therefore violates the Sixth Amendment right to counsel?

Counsel of record

For petitioner
Louis Francis O'Neill
White & Case LLP

For respondent
Justin Joseph Braun
Office of the District Attorney, Bronx County

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 30 2020
    Motion for leave to file amicus brief filed by Cato Institute GRANTED.
  2. Mar 30 2020
    Petition DENIED.
  3. Mar 20 2020
    Motion for leave to file amicus brief filed by Cato Institute. (Distributed)
  4. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  5. Mar 03 2020
    Waiver of right of respondent The People of the State of New York to respond filed.
  6. Feb 24 2020
    Petition for a writ of certiorari filed. (Response due March 27, 2020)