Supreme Court of the United States · Official docket →
James Joseph Garner v. Colorado
Paid petition · Supreme Court of Colorado, No. 16SC75 · judgment March 18, 2019
Certiorari denied · October 21, 2019
Pre-decision estimate: 3% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the Due Process Clause imposes any check on an eyewitness’s identification of a criminal defendant in the typically suggestive setting of trial where there was no police misconduct but there is nonetheless substantial reason to doubt the witness would identify the defendant in a nonsuggestive setting.
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic
For respondent
L. Andrew Cooper
Office of the Colorado Attorney General
Proceedings
- Oct 21 2019Petition DENIED.
- Oct 02 2019DISTRIBUTED for Conference of 10/18/2019.
- Oct 01 2019Reply of petitioner James Garner filed.
- Sep 25 2019Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
- Sep 19 2019Brief of respondent Colorado in opposition filed.
- Aug 14 2019Brief amici curiae of Scholars of Law, Psychology, Neuroscience, and other Fields filed.
- Aug 14 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jul 29 2019Blanket Consent filed by Respondent, Colorado.
- Jul 26 2019Motion to extend the time to file a response is granted and the time is extended to and including September 19, 2019.
- Jul 25 2019Motion to extend the time to file a response from August 14, 2019 to September 19, 2019, submitted to The Clerk.
- Jul 25 2019Blanket Consent filed by Petitioner, James Garner.
- Jul 15 2019Petition for a writ of certiorari filed. (Response due August 14, 2019)
- May 31 2019Application (18A1244) granted by Justice Sotomayor extending the time to file until July 17, 2019.
- May 29 2019Application (18A1244) to extend the time to file a petition for a writ of certiorari from June 16, 2019 to July 17, 2019, submitted to Justice Sotomayor.