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Robert Koger v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-7334 · judgment February 23, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether a criminal defendant establishes an “actual” unwaiveable conflict of interest that adversely affects counsel’s representation when defense counsel is the subject of a criminal investigation for crimes associated with the defendant’s charged conduct and whether this conflict of interest is a per se violation of the Sixth Amendment.

  2. Whether a criminal defendant establishes an “actual” unwaiveable conflict of interest that adversely affects counsel’s representation when defense counsel is identified by the government as a witness against the defendant relating to defendant’s charged conduct and whether the district court’s failure to hold a hearing is grounds for a reversal.

  3. Whether the failure of the district court, defense counsel and the government to disclose a conflict of interest to the defendant requires a reversal of the convictions.

Counsel of record

For petitioner
Robert Koger

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Jul 13 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 06 2022
    Waiver of right of respondent United States to respond filed.
  4. Jun 24 2022
    Petition for a writ of certiorari filed. (Response due July 29, 2022)