Supreme Court Report

Supreme Court of the United States · Official docket →

Adam Samia, aka Sal, aka Adam Samic v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-3074 · judgment April 20, 2022


Decided · June 23, 2023
Pre-decision estimate: 19% cert probability (95% interval 14%–26%)

Before the decision, about 4.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether admitting a codefendant's redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant's rights under the Confrontation Clause of the Sixth Amendment.

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 merits
(4 supporting pet./neither, 1 respondent)

Argument & decision

Argued March 29, 2023 — Kannon K. Shanmugam · Caroline A. Flynn. Audio and transcript

Decided June 23, 2023. Opinion by Thomas.

Proceedings

  1. Jul 25 2023
    Judgment issued.
  2. Jun 28 2023
    Sealed records returned to the USDC-Southern District of New York (1 envelope).
  3. Jun 23 2023
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined, and in which Barrett, J., joined as to all but Part II–A. Barrett, J., filed an opinion concurring in part and concurring in the judgment. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined. Jackson, J., filed a dissenting opinion.
  4. Mar 29 2023
    Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  5. Mar 17 2023
    Reply of petitioner Adam Samia filed. (Distributed)
  6. Mar 10 2023
    Sealed records received from the USDC-Southern District of New York (1 envelope). The remaining record is available on PACER.
  7. Mar 03 2023
    Brief amici curiae of Pennsylvania, et al. filed. (Distributed)
  8. Feb 27 2023
    Motion for leave to file amici brief out of time filed by Law Professors GRANTED.
  9. Feb 24 2023
    Brief of respondent United States of America filed. (Distributed)
  10. Feb 13 2023
    CIRCULATED
  11. Feb 06 2023
    All records from the USCA-2nd Circuit were transmitted electronically (including sealed materials). Record request forwarded to the USDC-Southern District of New York.
  12. Feb 03 2023
    Record requested from the U.S.C.A. for the Second Circuit.
  13. Feb 02 2023
    Motion for leave to file amici brief out of time filed by Law Professors.
  14. Feb 01 2023
    Brief amicus curiae of National Association of Federal Defenders filed.
  15. Feb 01 2023
    Brief amicus curiae of New York Council of Defense Lawyers filed.
  16. Feb 01 2023
    Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed.
  17. Feb 01 2023
    Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
  18. Jan 31 2023
    SET FOR ARGUMENT on Wednesday, March 29, 2023.
  19. Jan 25 2023
    Brief of petitioner Adam Samia filed.
  20. Jan 25 2023
    Joint appendix filed. (Statement of costs filed)
  21. Dec 13 2022
    Petition GRANTED.
  22. Nov 22 2022
    DISTRIBUTED for Conference of 12/9/2022.
  23. Nov 22 2022
    Reply of petitioner Adam Samia filed. (Distributed)
  24. Nov 02 2022
    Brief of respondent United States in opposition filed.
  25. Sep 30 2022
    Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2022.
  26. Sep 28 2022
    Motion to extend the time to file a response from October 3, 2022 to November 2, 2022, submitted to The Clerk.
  27. Aug 30 2022
    Petition for a writ of certiorari filed. (Response due October 3, 2022)
  28. Jul 14 2022
    Application (22A20) granted by Justice Sotomayor extending the time to file until September 2, 2022.
  29. Jul 07 2022
    Application (22A20) to extend the time to file a petition for a writ of certiorari from July 19, 2022 to September 2, 2022, submitted to Justice Sotomayor.