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Jeffrey Fairbanks v. Indiana

Paid petition · Supreme Court of Indiana, No. 18S-CR-604 · judgment March 27, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evidence to affirm a conviction.

  2. Whether Petitioner’s Due Process rights were violated when the evidence introduced at trial only amounted to speculation that a crime was committed and not proof beyond a reasonable doubt as is required by law.

  3. Whether a criminal conviction can stand when the jury may have convicted the defendant on facts that do not constitute a crime.

  4. Whether the Indiana neglect-of-a-dependent statute is unconstitutionally vague where even falling asleep can be deemed leaving a child unsupervised.

Counsel of record

For petitioner
Alexandra Crisanthi Siskopoulos
Siskopoulos Law Firm, LLP

For respondent
Stephen Richard Creason

Case

Conference history
Distributed for 1 conference

Linked docket
18A1293

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 28 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 20 2019
    Waiver of right of respondent State of Indiana to respond filed.
  4. Jul 25 2019
    Petition for a writ of certiorari filed. (Response due August 29, 2019)
  5. Jun 18 2019
    Application (18A1293) granted by Justice Kavanaugh extending the time to file until July 25, 2019.
  6. Jun 07 2019
    Application (18A1293) to extend the time to file a petition for a writ of certiorari from June 25, 2019 to July 25, 2019, submitted to Justice Kavanaugh.