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Dennis De Jesus v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-11092 · judgment January 27, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 3% cert probability

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

Question presented

When a court erroneously holds that it lacks jurisdiction to decide a matter, can a cursory statement that the court would deny relief on the merits if it had jurisdiction qualify as an alternative holding, as determined by the Third, Fourth, and Eleventh Circuits, or is such a statement instead merely dicta of no binding effect, as determined by the Fifth, Sixth, Seventh, Ninth, and Tenth Circuits?

Counsel of record

For petitioner
Brian Charles Lea
Jones Day

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 18 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 13 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Aug 03 2021
    Petition for a writ of certiorari filed. (Response due September 7, 2021)