Supreme Court Report

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Favion Lara v. Nebraska

Paid petition · Supreme Court of Nebraska, No. S-23-167 · judgment February 2, 2024


Certiorari denied · June 3, 2024
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Where a plea agreement includes the prosecutor’s promise that the State will recommend a particular sentence, does a police officer’s recommendation of a longer sentence violate the Due Process Clause by breaching the plea agreement?

Counsel of record

For petitioner
Stuart Banner
UCLA School of Law Supreme Court Clinic

For respondent
Eric James Hamilton
Office of the Attorney General of Nebraska

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, June 3, 2024 · Certiorari denied

Proceedings

  1. Jun 03 2024
    Petition DENIED.
  2. May 14 2024
    DISTRIBUTED for Conference of 5/30/2024.
  3. May 07 2024
    Waiver of right of respondent Nebraska to respond filed.
  4. May 01 2024
    Petition for a writ of certiorari filed. (Response due June 5, 2024)