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Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-4149, 20-4184 · judgment February 24, 2022

Certiorari denied · October 11, 2022
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

Whether a federal court, assessing the sufficiency of the evidence in a criminal case based wholly on circumstantial evidence, must apply the “rule of equipoise” and grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evidence of guilt and innocence is evenly balanced.

Counsel of record

For petitioner
Howard Milton Srebnick
Black Srebnick

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
21A852

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 13 2022
    Waiver of right of respondent United States to respond filed.
    Main Document
  4. Sep 02 2022
    Petition for a writ of certiorari filed. (Response due October 7, 2022)
    PetitionAppendixCertificate of Word CountProof of Service
  5. Jun 27 2022
    Application (21A852) granted by The Chief Justice extending the time to file until September 2, 2022.
  6. Jun 21 2022
    Application (21A852) to extend the time to file a petition for a writ of certiorari from July 4, 2022 to September 2, 2022, submitted to The Chief Justice.
    Main Document