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Daniel Greer v. Connecticut

Paid petition · Appellate Court of Connecticut, No. AC 43726 · judgment July 19, 2022


Certiorari denied · March 27, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Is the Due Process Clause violated when a jury at a sex crimes trial is instructed that evidence of uncharged sexual misconduct “is admissible and may be considered to prove that the defendant had the propensity or a tendency to engage in the type of criminal sexual behavior with which he is charged,” even though the alleged act of uncharged sexual misconduct—which provides the sole basis for the “propensity” instruction—does not have to be proved by a preponderance of the evidence. (i)

Counsel of record

For petitioner
Richard Emanuel
Law Offices of Richard Emanuel

For respondent
Timothy F. Costello
Office of the Chief State's Attorney-Appellate

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 27 2023
    Petition DENIED.
  2. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  3. Mar 06 2023
    Waiver of right of respondent State of Connecticut to respond filed.
  4. Mar 01 2023
    Petition for a writ of certiorari filed. (Response due April 3, 2023)