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Antonio L. Saulsberry v. Randy Lee, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-6157 · judgment August 30, 2019

Certiorari denied · October 21, 2019
Pre-decision estimate: 9% cert probability (95% interval 5%–16%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a dissent in the court below, and a Sixth Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether this Court’s precedent clearly establishes that the Double Jeopardy Clause bars retrial of a defendant on a charge that was submitted to a jury at a prior trial but as to which that jury did not render a verdict. (i)

Counsel of record

For petitioner
Joshua Michael Koppel
Wilmer Cutler Pickering Hale & Dorr LLP

For respondent
Michael M. Stahl
Office of the Tennessee Attorney General

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, October 21, 2019 · Certiorari denied

Proceedings

  1. Oct 21 2019
    Petition DENIED.
  2. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  3. Sep 27 2019
    Waiver of right of respondent Randy Lee to respond filed.
  4. Sep 26 2019
    Petition for a writ of certiorari filed. (Response due October 28, 2019)