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April Diane Myres v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-10415 · judgment February 16, 2021

Certiorari denied · March 21, 2022
Pre-decision estimate: 2% cert probability

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

Question presented

April Myres was convicted of mail and wire fraud related to an insurance claim. At trial, the Government elicited testimony from an insurance adjuster that Myres had not been cooperative when two FBI agents came to her house and that this was an indicator of fraud. That testimony was drawn exclusively from her not consenting to a warrantless search of her house for fingerprints. The question presented is: Whether the Fourth Amendment permits the Government to introduce testimony, based only on the defendant’s not consenting to warrantless fingerprinting of her home, that her conduct was an “indicator” of fraud.

Counsel of record

For petitioner
Anne Margaret Voigts
King & Spalding LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Feb 23 2022
    Reply of petitioner April Diane Myres filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Feb 09 2022
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  5. Dec 21 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including February 9, 2022.
  6. Dec 20 2021
    Motion to extend the time to file a response from January 10, 2022 to February 9, 2022, submitted to The Clerk.
    Main Document
  7. Dec 02 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 10, 2022.
  8. Dec 01 2021
    Motion to extend the time to file a response from December 9, 2021 to January 10, 2022, submitted to The Clerk.
    Main Document
  9. Nov 09 2021
    Response Requested. (Due December 9, 2021)
  10. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  11. Oct 19 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  12. Sep 23 2021
    Petition for a writ of certiorari filed. (Response due October 27, 2021)
    PetitionAppendixCertificate of Word CountProof of Service