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Alston Campbell, Jr. v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-1127 · judgment January 21, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. There is a split among the courts of appeals and several states on the following question: Whether a trial court violates a defendant’s rights under the Confrontation Clause by prohibiting crossexamination of accomplice witnesses about the sentencing benefits they hope to receive in exchange for their cooperation with the government.

  2. There is a split among the courts of appeals and several states on the following question: Whether appellate courts should review violations of the Confrontation Clause de novo or for abuse of discretion.

Counsel of record

For petitioner
Gregory James DuBoff
McGuireWoods LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 01 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Nov 10 2021
    Rescheduled.
  4. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  5. Nov 05 2021
    Reply of petitioner Alston Campbell, Jr. filed. (Distributed)
  6. Oct 22 2021
    Brief of respondent United States in opposition filed.
  7. Sep 14 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 22, 2021.
  8. Sep 13 2021
    Motion to extend the time to file a response from September 22, 2021 to October 22, 2021, submitted to The Clerk.
  9. Aug 11 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including September 22, 2021.
  10. Aug 10 2021
    Motion to extend the time to file a response from August 23, 2021 to September 22, 2021, submitted to The Clerk.
  11. Jul 16 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 23, 2021.
  12. Jul 15 2021
    Motion to extend the time to file a response from July 23, 2021 to August 23, 2021, submitted to The Clerk.
  13. Jul 08 2021
    Brief amicus curiae of Due Process Institute filed.
  14. Jun 30 2021
    Blanket Consent filed by Petitioner Alston Campbell, Jr.
  15. Jun 21 2021
    Petition for a writ of certiorari filed. (Response due July 23, 2021)