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Brett C. Kimberlin v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-1691 · judgment January 6, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a petitioner must show he suffers from a “civil disability”—that is, a collateral consequence that causes a substantial and present harm, is specific to the criminal context, and arises solely from the erroneous conviction— before a court can grant a writ of error coram nobis, as the First, Second, Sixth, and Seventh Circuits have held, or whether a court may instead presume that every conviction has collateral consequences that provide adequate standing to seek relief, as the Fourth, Ninth, and Eleventh Circuits have held. (i)
Counsel of record
For petitioner
Jo-Ann Tamila Sagar
Hogan Lovells US LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jan 09 2023Petition DENIED.
- Nov 30 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 22 2022Reply of petitioner Brett C. Kimberlin filed.
- Nov 10 2022Brief of respondent United States in opposition filed.
- Oct 04 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2022.
- Oct 03 2022Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
- Sep 06 2022Brief amicus curiae of Rights Behind Bars filed.
- Aug 31 2022Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022.
- Aug 30 2022Motion to extend the time to file a response from September 8, 2022 to October 11, 2022, submitted to The Clerk.
- Aug 05 2022Petition for a writ of certiorari filed. (Response due September 8, 2022)
- May 31 2022Application (21A773) granted by Justice Barrett extending the time to file until August 6, 2022.
- May 26 2022Application (21A773) to extend the time to file a petition for a writ of certiorari from June 7, 2022 to August 6, 2022, submitted to Justice Barrett.