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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: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and an Eleventh Circuit decision below.

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

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, June 1, 2020 · Certiorari denied

Proceedings

  1. Jun 01 2020
    Petition DENIED.
  2. May 12 2020
    DISTRIBUTED for Conference of 5/28/2020.
  3. Apr 24 2020
    Brief of respondent United States in opposition filed.
  4. 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.
  5. Apr 14 2020
    Motion to extend the time to file a response from April 22, 2020 to April 24, 2020, submitted to The Clerk.
  6. 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.
  7. Mar 11 2020
    Motion to extend the time to file a response from March 23, 2020 to April 22, 2020, submitted to The Clerk.
  8. 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.
  9. Feb 12 2020
    Motion to extend the time to file a response from February 21, 2020 to March 23, 2020, submitted to The Clerk.
  10. Jan 21 2020
    Petition for a writ of certiorari filed. (Response due February 21, 2020)