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Hakim Bey v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-3136 · judgment July 12, 2021


Certiorari denied · February 28, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Third Circuit decision below and a circuit split argued in the petition.

Question presented

Whether a jury instruction is unconstitutional if there is a reasonable likelihood that the jury understood it to allow conviction without proof beyond a reasonable doubt.

Counsel of record

For petitioner
Enid W. Harris
Suite 700

For respondent
Nancy Winkelman
District Attorney's Office

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, February 28, 2022 · Certiorari denied

Proceedings

  1. Feb 28 2022
    Petition DENIED.
  2. Feb 09 2022
    DISTRIBUTED for Conference of 2/25/2022.
  3. Feb 02 2022
    Waiver of right of respondent John Rivello, Supt. Huntingdon SCI; District Attorney of Philadelphia; Attorney General of Pennsylvania to respond filed.
  4. Nov 11 2021
    Petition for a writ of certiorari filed. (Response due February 14, 2022)