Supreme Court Report

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Elaine Davis v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-30593 · judgment November 1, 2021


Certiorari denied · February 28, 2022
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a petition filed soon after the judgment below, and counsel who has filed here before.

Question presented

1 Davis’s convictions for health care fraud and conspiracy to commit health care fraud (18 U.S.C § 1347) were reversed by the United States Court of Appeals for the Fifth Circuit, because of the insufficiency of the Government’s evidence. Imprisoned during her appeal, she sought compensation under 28 U.S.C § 2513 (the “Unjust Conviction and Imprisonment” statute).1 The Fifth Circuit rejected Davis’s appeal of the denial of her claim, because she did not affirmatively show that she did not commit any of the acts charged, i.e., she was not “innocent,” only “not guilty.” This holding presents the following issue: 1. Whether 28 U.S.C. § 2513’s requirement that a defendant acquitted because of insufficient evidence must affirmatively disprove the factual allegations of an indictment before obtaining compensation from the Government is contrary to the Due Process Clause of the Fifth Amendment, because it negates the presumption of innocence. 1 The caption of the case contains the names of all the parties to the proceeding in the court whose judgment is sought to be reviewed.

Counsel of record

For petitioner
Herbert V. Larson Jr.
The Law Offices of Herbert V. Larson, Jr.

For respondent
Elizabeth B. Prelogar
Solicitor General

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 04 2022
    Waiver of right of respondent United States to respond filed.
  4. Jan 28 2022
    Petition for a writ of certiorari filed. (Response due March 3, 2022)