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Francisco Javier Palillero v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-2111 · judgment October 5, 2020

Certiorari denied · October 4, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, counsel who has filed here before, and a Tenth Circuit decision below.

Question presented

Whether precluding a criminal defendant’s DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the Sixth Amendment right to present a defense.

Counsel of record

For petitioner
Scott M. Davidson
The Law Office of Scott M. Davidson, Ph.D., Esq.,

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 10 2021
    Reply of petitioner Francisco Javier Palillero filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  3. Aug 11 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 28 2021
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  5. Jun 25 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 28, 2021.
  6. Jun 24 2021
    Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk.
    Main Document
  7. May 25 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2021.
  8. May 24 2021
    Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
    Main Document
  9. Apr 23 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 28, 2021.
  10. Apr 22 2021
    Motion to extend the time to file a response from April 28, 2021 to May 28, 2021, submitted to The Clerk.
    Main Document
  11. Mar 29 2021
    Response Requested. (Due April 28, 2021)
  12. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  13. Mar 15 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  14. Mar 04 2021
    Petition for a writ of certiorari filed. (Response due April 8, 2021)
    PetitionAppendixCertificate of Word CountProof of Service