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Kevas L. Ballance v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-3141 · judgment January 12, 2022


Certiorari denied · June 6, 2022
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

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

Question presented

When reviewing a suppression ruling on appeal, should the appellate court review factual findings for clear error and the ultimate legal determination de novo, as six circuits do, or should it also view the evidence in the light most favorable to the district court’s ruling, as the Tenth Circuit did here and as four other Circuits do? (i)

Counsel of record

For petitioner
Daniel Tyler Hansmeier
Kansas Federal Public Defender

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, June 6, 2022 · Certiorari denied

Proceedings

  1. Jun 06 2022
    Petition DENIED.
  2. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  3. May 12 2022
    Waiver of right of respondent United States to respond filed.
  4. Apr 12 2022
    Petition for a writ of certiorari filed. (Response due May 13, 2022)