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S. S. v. United States, et al.

Paid petition · United States Court of Appeals for the Armed Forces, No. 21-0312 · judgment July 27, 2022

Certiorari denied · June 20, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for the Court of Appeals for the Armed Forces below, counsel who has filed here before, and a petition citing one or two dissents.

Questions presented

  1. Whether diagnoses and treatments are privileged under the military’s psychotherapist-patient privilege; and

  2. Whether a privilege holder has the right to intervene in a criminal appeal for the limited purpose of protecting her privilege.

Counsel of record

For petitioner
Peter Jeffrey Coote
Pennoni Associates Inc.

For respondent
Jasper William Casey
United States Marine Corps

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
2 merits
(2 supporting pet./neither)

Linked docket
22M60

Order
Order list, June 20, 2023 · Certiorari denied

Proceedings

  1. Jun 20 2023
    Petition DENIED.
  2. May 30 2023
    DISTRIBUTED for Conference of 6/15/2023.
  3. May 30 2023
    Reply of petitioner S. S. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. May 25 2023
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
    Main Document
  5. May 19 2023
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  6. May 12 2023
    Brief of respondent Wendell E. Mellette, Jr. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  7. Apr 06 2023
    Motion to extend the time to file a response is granted and the time is further extended to and including May 19, 2023, for all respondents.
  8. Apr 05 2023
    Motion to extend the time to file a response from April 19, 2023 to May 19, 2023, submitted to The Clerk.
    Main Document
  9. Mar 16 2023
    Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2023.
  10. Mar 15 2023
    Motion to extend the time to file a response from March 20, 2023 to April 19, 2023, submitted to The Clerk.
    Main Document
  11. Feb 17 2023
    Response Requested. (Due March 20, 2023)
  12. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  13. Feb 08 2023
    Brief amici curiae of United States Navy Victims' Legal Counsel Program, et al. filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  14. Jan 23 2023
    Waiver of right of respondent Wendell E. Mellette, Jr. to respond filed.
    Main Document
  15. Jan 13 2023
    Waiver of right of respondent United States to respond filed.
    Main Document
  16. Jan 11 2023
    Brief amicus curiae of Protect Our Defenders filed.
    Main DocumentCertificate of Word CountProof of Service
  17. Jan 09 2023
    Motion (22M60) for leave to file a petiion for a writ of certiorari with the supplemental appendix under seal Granted.
  18. Dec 21 2022
    MOTION (22M60) DISTRIBUTED for Conference of 1/6/2023.
  19. Dec 12 2022
    Motion (22M60) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  20. Dec 12 2022
    Petition for a writ of certiorari filed. (Response due February 8, 2023)
    PetitionAppendixCertificate of Word CountProof of Service