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Jacqueline Graham v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-832 · judgment October 14, 2022


Certiorari denied · April 17, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Questions presented

  1. Whether a defendant waives her Sixth Amendment ineffective-assistance-of-counsel claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed it to her, where the defendant did not know that she had a right to have the plea offer reinstated.

  2. Whether a court of appeals violates the party-presentation rule stated in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020), by ruling on an issue that the parties did not raise and that the prevailing party expressly abandoned twice at oral argument.

Counsel of record

For petitioner
Harry Sandick
Patterson Belknap Webb & Tyler LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 17 2023
    Petition DENIED.
  2. Mar 22 2023
    DISTRIBUTED for Conference of 4/14/2023.
  3. Mar 17 2023
    Waiver of right of respondent United States of America to respond filed.
  4. Mar 02 2023
    Petition for a writ of certiorari filed. (Response due April 7, 2023)