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Rodney Muschette v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-860, 20-877 · judgment October 29, 2021


Certiorari denied · April 25, 2022
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

I. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when Admission of 404(b) evidence in violation of the test set forth in this Court’s decision in Huddleston v. United States, 485 U.S. 681 (1988) created evidence solely of his propensity to engage in unlawful acts, resulting in a Fundamentally Unfair Trial, and a conflict between the Circuits in the standards of admission of such evidence? II. Was Mr. Muschette Denied his 6th Amendment Right to Confront Witnesses Against him when the Court Impermissibly Allowed Testimony from a Deceased Witness at his ownMurder Trial in violation of this Court’s Decisions in Crawford v. Washington, 541 U. S. 36 (2004), Giles v.California, 554 U.S. 353 (2008) and Hemphill v. New York, No. 20-637 (2022)? III. Was Mr. Muschette’s Denied his 5th Amendment Right to Remain Silent when his Involuntary Post-Arrest Statements were Admitted at trial? IV. Was Mr. Muschette Denied his 5th Amendment Right to Due Process when the Trial court, and the Court of Appeals, failed to apply the Rules of Evidence in admitting hearsay without exception, specifically a letter written by an Assistant United States Attorney and Photographs of a Tattoo, resulting in a Fundamentally unfair trial?

Counsel of record

For petitioner
Stacey Van Malden
Stacey Van Malden, Attorney at Law

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 25 2022
    Petition DENIED.
  2. Apr 06 2022
    DISTRIBUTED for Conference of 4/22/2022.
  3. Mar 30 2022
    Waiver of right of respondent United States to respond filed.
  4. Mar 22 2022
    Petition for a writ of certiorari filed. (Response due April 25, 2022)