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James Bailey-Snyder v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-1601 · judgment May 3, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

In United States v. Gouveia, this Court left open the question whether transferring a prisoner to solitary confinement for purposes of “detention” while police and prosecutors investigate and consider new criminal charges amounts to an arrest that activates speedy trial rights. 467 U.S. 180, 189–90 & n.6 (1984). Since that time, this Court has recognized that prolonged solitary confinement often constitutes an “atypical and significant” additional restriction on liberty because it deprives prisoners of “almost any environmental or sensory stimuli and of almost all human contact.” Wilkinson v. Austin, 545 U.S. 209, 214, 224 (2005). The question presented is: Does imposing solitary confinement on a prisoner while police and prosecutors investigate and consider new criminal charges amount to an “arrest” giving rise to speedy trial protections?

Counsel of record

For petitioner
Daniel M. Greenfield
MacArthur Justice Center

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
19A344

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Jan 09 2020
    Brief amicus curiae of Former Corrections Directors filed. (Received Jan. 13)
  3. Jan 08 2020
    Brief amici curiae of Professors and Practitioners of Psychiatry, Psychology, and Medicine filed. (Distributed)
  4. Jan 07 2020
    Brief amici curiae of Human Rights Clinics, Law Professors and Non-Profit Organizations filed. (Distributed)
  5. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  6. Dec 16 2019
    Waiver of right of respondent United States to respond filed.
  7. Dec 09 2019
    Petition for a writ of certiorari filed. (Response due January 10, 2020)
  8. Sep 26 2019
    Application (19A344) granted by Justice Alito extending the time to file until December 7, 2019.
  9. Sep 25 2019
    Application (19A344) to extend the time to file a petition for a writ of certiorari from October 8, 2019 to December 7, 2019, submitted to Justice Alito.