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James Michael Fayed v. California

Paid petition · Supreme Court of California, No. S198132 · judgment April 2, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

Whether the Sixth Amendment right to counsel attaches on uncharged murder allegations when a defendant is brought to court to defend himself against those murder allegations, has counsel appear at two hearings to defend against the murder allegations, and the defendant is held without bail based solely on those uncharged murder allegations. Whether the Dual Sovereignty doctrine for “same offense” has been imported from Fifth Amendment double jeopardy jurisprudence to the Sixth Amendment right to counsel. Whether in the interests of fundamental fairness, the prohibition against use of the “Silver Platter” doctrine applies when the federal government knowingly collects evidence in violation of a defendant’s federal Sixth Amendment right to counsel for use in a subsequent state court prosecution.

Counsel of record

For petitioner
Kelly Christine Quinn
Werksman Jackson & Quinn LLP

For respondent
Idan Ivri
Office of the California Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 11 2020
    Reply of petitioner James M Fayed filed.
  4. Nov 30 2020
    Brief of respondent State of California in opposition filed.
  5. Oct 23 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including November 30, 2020.
  6. Oct 21 2020
    Motion to extend the time to file a response from October 30, 2020 to November 30, 2020, submitted to The Clerk.
  7. Sep 14 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2020.
  8. Sep 11 2020
    Motion to extend the time to file a response from September 30, 2020 to October 30, 2020, submitted to The Clerk.
  9. Aug 26 2020
    Petition for a writ of certiorari filed. (Response due September 30, 2020)