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Marty Friend v. Indiana

Paid petition · Court of Appeals of Indiana, No. 18A-CR-02359 · judgment October 8, 2019

Certiorari denied · June 29, 2020

Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

Whether, and under what circumstances, criminal defendants’ Sixth Amendment and Due Process rights entitle them to obtain witnesses’ privileged treatment records from private doctors, psychotherapists, or counselors. (I)

Counsel of record

For petitioner
Joseph Carl Cecere
Cecere, PC

For respondent
Thomas M. Fisher
EdChoice, Inc.

Case

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

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, June 29, 2020 · Certiorari denied

Proceedings

Jun 29 2020
Petition DENIED.
Jun 09 2020
DISTRIBUTED for Conference of 6/25/2020.
Jun 09 2020
Reply of petitioner Marty Friend filed. (Distributed)
Jun 05 2020
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
Jun 03 2020
Brief of respondent State of Indiana in opposition filed.
May 14 2020
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
May 11 2020
Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
May 08 2020
Motion of State of Indiana for an extension of time not accepted for filing. (May 11, 2020 - amended motion submitted)
May 08 2020
Motion to extend the time to file a response from May 14, 2020 to June 3, 2020, submitted to The Clerk.
Apr 09 2020
Petition for a writ of certiorari filed. (Response due May 14, 2020)