Supreme Court Report

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James T. Gersky v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-4702 · judgment June 1, 2020

Certiorari denied · December 7, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

I. Should this Court provide guidance to district courts regarding the forced testimony of defendants at sentencing, in accordance with this Court’s precedent? II. Is the decision below wrong?

Counsel of record

For petitioner
Rachel Laura-Heiss Frank
Springstead Bartish Borgula & Lynch PLLC

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

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

Conference history
Distributed for 1 conference

Order
Order list, December 7, 2020 · Certiorari denied

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 17 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Nov 10 2020
    Waiver of right of respondent United States to respond filed.
  4. Oct 29 2020
    Petition for a writ of certiorari filed. (Response due December 3, 2020)