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Nicholas E. Davis v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 19-0104 · judgment February 12, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 17% cert probability (95% interval 5%–44%)

Before the decision, about 4.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, the Court of Appeals for the Armed Forces below, and a circuit split argued in the petition.

Question presented

Whether the failure to object to a pattern jury instruction erroneously describing the elements of the offense constitutes affirmative waiver such that it categorically precludes plain error review?

Counsel of record

For petitioner
Stephen I. Vladeck

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

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, October 5, 2020 · Certiorari denied

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 15 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 13 2020
    Waiver of right of respondent United States to respond filed.
  4. Jun 29 2020
    Petition for a writ of certiorari filed. (Response due August 10, 2020)