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David Banks v. United States

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-1410 · judgment January 5, 2023


Certiorari denied · May 15, 2023
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

Did the Court of Appeals for the Tenth Circuit violate the Petitioner’s rights under the First Amendment when it sealed almost the entire transcript and almost all of the filings in a related habeas corpus proceeding? Do the Rules of the District Court for the District of Colorado unfairly and unconstitutionally restrict the ability and discretion of the trial court in ruling on a motion for sealing?

Counsel of record

For petitioner
Bernard Kleinman
Law Office of Bernard V. Kleinman, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor 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 11 2023
    Waiver of right of respondent United States to respond filed.
  4. Apr 04 2023
    Petition for a writ of certiorari filed. (Response due May 8, 2023)