Supreme Court of the United States · Official docket →

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: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 30, 2020 · Certiorari denied

Proceedings

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