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James C. Dimora v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-4260 · judgment August 31, 2020


Certiorari denied · March 22, 2021
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

Whether a McDonnell error—i.e., defining the element of “official act” overbroadly in bribery counts and thereby enabling a jury to wrongly conclude that a public official’s lawful conduct is unlawful—can invalidate convictions on additional counts that do not have an “official act” element but depend on the jury’s assessment of whether that same conduct is unlawful.

Counsel of record

For petitioner
David Eduard Mills
The Mills Law Office LLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 24 2021
    Waiver of right of respondent United States to respond filed.
  4. Feb 08 2021
    Petition for a writ of certiorari filed. (Response due March 19, 2021)