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Samson Primm v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-4042 · judgment November 6, 2019


Certiorari denied · March 23, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. WHETHER ONE WHO HAS THE REQUISITE STANDING TO MOVE TO SUPPRESS BASED ON CONTENTIONS, WHICH IF VALIDATED SHOW HIS FOURTH AMENDMENT RIGHTS WERE VIOLATED, MUST FIRST PROVE HIS POSSESSION WAS LAWFUL? II. WHEN THE APPEALS COURT RULES, IN A FORFEITURE CASE THEN ON APPEAL THAT THE APPELLANT, HAS TITLE III STANDING: DOES THAT RULING BECOME “THE LAW OF THE CASE” AND AS SUCH CAN IT BE IGNORED BY THE DISTRICT COURT (FOLLOWING A REMAND) WITH IMPUNITY? III. WHETHER, GIVEN THE ONUS IS ON THE GOVERNMENT TO PROVE FORFEITABILITY, AND THE LAWFULNESS OF ANY AND ALL SEARCHES AND SEIZURES, CAN THE DISTRICT COURT, AS A CONDITION PRECEDENT TO PROVIDING THE CLAIMANT A HEARING ON HIS MOTION TO SUPPRESS, REQUIRE HIM TO SURRENDER HIS FIFTH AMENDMENT RIGHTS.

Counsel of record

For petitioner
James R Willis
Private Practice

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 18 2020
    Waiver of right of respondent United States to respond filed.
  4. Feb 04 2020
    Petition for a writ of certiorari filed. (Response due March 9, 2020)