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Philip N. Antico v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10972 · judgment August 14, 2019

Certiorari denied · June 1, 2020

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

The Eleventh Circuit’s Allen charge is the only pattern jury instruction in all Federal Circuit Courts that directly references the cost of a retrial. The question presented is: Is a criminal defendant’s fundamental constitutional rights violated by an Allen charge that instructs a deadlocked jury to consider the expense of a retrial?

Counsel of record

For petitioner
Nicole Nicolette Mace
The Law Offices of Curt Sanchez

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 01 2020
Petition DENIED.
May 12 2020
DISTRIBUTED for Conference of 5/28/2020.
Apr 24 2020
Brief of respondent United States in opposition filed.
Apr 15 2020
Motion to extend the time to file a response is granted and the time is further extended to and including April 24, 2020.
Apr 14 2020
Motion to extend the time to file a response from April 22, 2020 to April 24, 2020, submitted to The Clerk.
Mar 12 2020
Motion to extend the time to file a response is granted and the time is further extended to and including April 22, 2020.
Mar 11 2020
Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
Feb 13 2020
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
Feb 12 2020
Motion to extend the time to file a response from February 21, 2020 to March 23, 2020, submitted to The Clerk.
Jan 21 2020
Petition for a writ of certiorari filed. (Response due February 21, 2020)