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Tony Deshawn McCoy v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-4731 · judgment July 12, 2019


Certiorari denied · June 29, 2020
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Fourth Circuit decision below.

Question presented

Under Terry v. Ohio, 392 U.S. 1 (1968), the Fourth Amendment permits officers to search a person they have lawfully stopped only if they have specific and articulable reason to believe that person is “armed and presently dangerous.” Id. at 30. The question presented is: Whether officers can presume that a person is “armed and presently dangerous” simply because the person possesses any amount of marijuana, however small.

Counsel of record

For petitioner
Pamela Susan Karlan
Stanford Law School Supreme Court Litigation Clini

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
19A514

Proceedings

  1. Jun 29 2020
    Petition DENIED.
  2. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  3. Jun 09 2020
    Reply of petitioner Tony Deshawn McCoy filed. (Distributed)
  4. May 20 2020
    Motion to delay distribution of the petition for a writ certiorari until June 9, 2020, granted.
  5. May 19 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from June 2, 2020 to June 9, 2020, submitted to The Clerk.
  6. May 14 2020
    Brief of respondent United States in opposition filed.
  7. Mar 13 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2020.
  8. Mar 12 2020
    Motion to extend the time to file a response from March 27, 2020 to May 14, 2020, submitted to The Clerk.
  9. Feb 14 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including March 27, 2020.
  10. Feb 13 2020
    Motion to extend the time to file a response from February 26, 2020 to March 27, 2020, submitted to The Clerk.
  11. Jan 27 2020
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  12. Jan 22 2020
    Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2020.
  13. Jan 21 2020
    Motion to extend the time to file a response from January 27, 2020 to February 26, 2020, submitted to The Clerk.
  14. Dec 26 2019
    Petition for a writ of certiorari filed. (Response due January 27, 2020)
  15. Nov 12 2019
    Application (19A514) granted by The Chief Justice extending the time to file until December 26, 2019.
  16. Nov 06 2019
    Application (19A514) to extend the time to file a petition for a writ of certiorari from November 24, 2019 to December 26, 2019, submitted to The Chief Justice.