Supreme Court Report

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Keith Raniere v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-3520, 20-3789 · judgment December 9, 2022


Certiorari denied · April 17, 2023
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 Second Circuit decision below, a petition filed soon after the judgment below, and counsel who has filed here before.

Question presented

Because it impacts upon the very structure of the trial, should a finding of absolute harmlessness, rather than harmlessness beyond a reasonable doubt, be required where the Court committed an intentional and egregious Sixth Amendment violation by terminating defense counsel’s cross-examination of the government’s sole cooperating witness in the middle of an extended answer that the court concluded would jeopardize the prosecution’s theory, yet falsely suggesting to the jury that the examination was being stopped due to some impropriety of counsel, and should that be the rule, notwithstanding a prosecutorial offer to make such witness later available on the defense’s case-in-chief?

Counsel of record

For petitioner
Mark M. Baker
The Baker Law Firm for Criminal Appeals, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

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

Conference history
Distributed for 1 conference

Order
Order list, April 17, 2023 · Certiorari denied

Proceedings

  1. Apr 17 2023
    Petition DENIED.
  2. Mar 22 2023
    DISTRIBUTED for Conference of 4/14/2023.
  3. Mar 15 2023
    Waiver of right of respondent United States to respond filed.
  4. Mar 06 2023
    Petition for a writ of certiorari filed. (Response due April 7, 2023)