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Mitchell J. Stein v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13762 · judgment July 13, 2020

Certiorari denied · December 14, 2020
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and an Eleventh Circuit decision below.

Question presented

Whether the Due Process Clause excuses the government’s knowing use of false testimony in a criminal prosecution so long as the government divulged evidence during discovery indicating that the testimony was false.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Dec 14 2020
    Petition DENIED.
  2. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Nov 24 2020
    Reply of Mitchell J. Stein not accepted for filing. (November 24, 2020)
  4. Nov 24 2020
    Reply of petitioner Mitchell J. Stein filed. (Distributed)
  5. Nov 18 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
  6. Nov 13 2020
    Brief of respondent United States in opposition filed.
  7. Nov 12 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2020.
  8. Nov 10 2020
    Motion to extend the time to file a response from November 12, 2020 to November 13, 2020, submitted to The Clerk.
  9. Oct 13 2020
    Brief amici curiae of National Association for Public Defense, et al. filed.
  10. Oct 13 2020
    Brief amicus curiae of Center on the Administration of Criminal Law at NYU School of Law filed.
  11. Oct 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 12, 2020.
  12. Oct 07 2020
    Motion to extend the time to file a response from October 13, 2020 to November 12, 2020, submitted to The Clerk.
  13. Sep 08 2020
    Petition for a writ of certiorari filed. (Response due October 13, 2020)