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Cavanta McLilly v. Adam Douglas, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-2887 · judgment January 3, 2023


Certiorari denied · May 15, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Sixth Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

I. Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurious effect or influence in determining the jury’s verdict. II. Whether a trial court’s one-sentence statement that there is no need for resentencing because the court would not impose a materially different sentence fails to cure an Alleyne violation.

Counsel of record

For petitioner
Christopher J. McGrath

For respondent
Ann Maurine Sherman
Michigan Department of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 15 2023
    Petition DENIED.
  2. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  3. Apr 12 2023
    Waiver of right of respondent Adam Douglas to respond filed.
  4. Apr 03 2023
    Petition for a writ of certiorari filed. (Response due May 5, 2023)