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Charles Farrar v. Dean Williams, Executive Director, Colorado Department of Corrections, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-1005 · judgment May 21, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below, and down for a state or local-government respondent.

Question presented

The question presented, which has divided fourteen federal courts of appeal and state high courts, is: Whether the Due Process Clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not know the testimony was perjured until after the trial, as six courts have held, or whether the prosecution’s contemporaneous knowledge of the perjured testimony is required, as eight courts have held. (i)

Counsel of record

For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP

For respondent
L. Andrew Cooper
Office of the Colorado Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
19A587

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jun 17 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 17 2020
    Reply of petitioner Charles Farrar filed. (Distributed)
  4. Jun 03 2020
    Brief of respondents Dean Williams, et al. in opposition filed.
  5. May 04 2020
    Response Requested. (Due June 3, 2020)
  6. Apr 28 2020
    DISTRIBUTED for Conference of 5/15/2020.
  7. Apr 22 2020
    Waiver of right of respondent Dean Williams, et al. to respond filed.
  8. Mar 02 2020
    Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2020.
  9. Feb 26 2020
    Motion to extend the time to file a response from March 2, 2020 to May 1, 2020, submitted to The Clerk.
  10. Jan 27 2020
    Petition for a writ of certiorari filed. (Response due March 2, 2020)
  11. Nov 26 2019
    Application (19A587) granted by Justice Sotomayor extending the time to file until January 27, 2020.
  12. Nov 13 2019
    Application (19A587) to extend the time to file a petition for a writ of certiorari from November 27, 2019 to January 26, 2020, submitted to Justice Sotomayor.