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Samir Rafic Khoury v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-20126 · judgment May 12, 2020


Certiorari denied · January 25, 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 a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant’s motion to dismiss the indictment on speedy-trial grounds, or whether, as the Fifth Circuit held below, the ultimate availability of post-judgment appellate review categorically bars mandamus relief— even where, as here, the District Court concludes that a criminal defendant has suffered substantial, actual prejudice as a result of post-indictment delay in bringing him to trial. (i)

Counsel of record

For petitioner
Charles S. Leeper
Faegre Drinker Biddle & Reath LLP

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 25 2021
    Petition DENIED.
  2. Jan 06 2021
    DISTRIBUTED for Conference of 1/22/2021.
  3. Dec 30 2020
    Waiver of right of respondent United States to respond filed.
  4. Dec 07 2020
    Petition for a writ of certiorari filed. (Response due January 11, 2021)