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David Ming Pon v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 17-11455 · judgment June 29, 2020

Certiorari denied · November 15, 2021
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× 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 an Eleventh Circuit decision below.

Question presented

Whether an appellate court reviewing a cold criminal trial record may determine that an error at trial was harmless by applying an “overwhelming evidence of guilt” test that considers only the potential effect of the error on the government’s case and not on the defense.

Counsel of record

For petitioner
Steffen Nathanael Johnson
Wilson Sonsini Goodrich & Rosati

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Jun 13 2022
    Rehearing DENIED.
  2. May 24 2022
    DISTRIBUTED for Conference of 6/9/2022.
  3. Dec 10 2021
    Petition for Rehearing filed.
    Proof of ServiceMain DocumentCertificate of Word Count
  4. Nov 15 2021
    Petition DENIED.
  5. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  6. Oct 26 2021
    Reply of petitioner David Ming Pon filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  7. Oct 12 2021
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  8. Sep 02 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 12, 2021.
  9. Sep 01 2021
    Motion to extend the time to file a response from September 10, 2021 to October 11, 2021, submitted to The Clerk.
    Main Document
  10. Jul 16 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including September 10, 2021.
  11. Jul 15 2021
    Motion to extend the time to file a response from August 11, 2021 to September 10, 2021, submitted to The Clerk.
    Main Document
  12. Jul 12 2021
    Brief amici curiae of Cato Institute and Florida Association of Criminal Defense Lawyers filed.
    Main DocumentProof of ServiceCertificate of Word Count
  13. Jul 12 2021
    Brief amici curiae of Legal Scholars filed.
    Main DocumentCertificate of Word CountProof of Service
  14. Jul 09 2021
    Brief amicus curiae of Professor Daniel Epps filed.
    Main DocumentCertificate of Word CountProof of Service
  15. Jul 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 11, 2021.
  16. Jul 07 2021
    Motion to extend the time to file a response from July 12, 2021 to August 11, 2021, submitted to The Clerk.
    Main Document
  17. May 10 2021
    Petition for a writ of certiorari filed. (Response due July 12, 2021)
    PetitionAppendixCertificate of Word CountProof of Service