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Penny Nichols Corn, et al. v. Mississippi Department of Public Safety, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-60247 · judgment March 26, 2020


Certiorari denied · November 2, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a state or local-government respondent.

Question presented

Whether, after inconsistencies generated by Garcetti v. Ceballos, 547 U.S. 410 (2006) and Lane v. Franks, 573 U.S. 228 (2014), citizen public employees who were terminated from their employment should have First Amendment protection to make truthful reports, both to their superiors and to state and federal law enforcement, about fraudulent tickets issued by State troopers, when their failure to report would amount to misprision of a felony.

Counsel of record

For petitioner
Shirley Payne
Horn & Payne, PLLC

For respondent
Krissy Casey Nobile
MS Office of Capital Post-Conviction Counsel

Case

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

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, November 2, 2020 · Certiorari denied

Proceedings

  1. Nov 02 2020
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Oct 26 2020
    Brief amici curiae of Stephen M. Sheppard and Michael H. Hoeflich filed. (Distributed)
  3. Oct 07 2020
    DISTRIBUTED for Conference of 10/30/2020.
  4. Oct 07 2020
    Blanket Consent filed by Respondent, Mississippi Department of Public Safety, et al.
  5. Oct 07 2020
    Blanket Consent filed by Petitioner, Penny Nichols Corn, et al.
  6. Oct 02 2020
    Waiver of right of respondents Mississippi Department of Public Safety, et al. to respond filed.
  7. Sep 17 2020
    Petition for a writ of certiorari filed. (Response due October 26, 2020)