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Paul Pecina v. Robert Wilkie, Secretary of Veterans Affairs

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-3048 · judgment December 6, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Did the Third Circuit Court of Appeals and the lower Western District Court of Pennsylvania depart from the accepted and usual course of judicial proceeding as to call for an exercise of the Supreme Court’s supervisory powers?

  2. Was the standard of review that the Third Circuit Court applied to determine whether or not relief can be justified for fraud in conflict to the standard of review that the Supreme Court applied in the Supreme Court’s relevant decision of United States v. Sierra Pacific Industries Inc?

  3. Did the Third Circuit Court of Appeals render their decision to affirm on reliance of a fraudulent record?

  4. Did the Third Circuit Court misapprehend that the conduct of the lower District Court and Officers of the Court rises to the level of fraud on the court?

Counsel of record

For petitioner
Paul Pecina Jr.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 23 2020
    Rehearing DENIED.
  2. Nov 04 2020
    DISTRIBUTED for Conference of 11/20/2020.
  3. Oct 23 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 08 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jul 01 2020
    Waiver of right of respondent Wilkie, Sec. of VA to respond filed.
  7. Jun 18 2020
    Petition for a writ of certiorari filed. (Response due July 27, 2020)