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Liam C. Lattin v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 22-0211 · judgment March 31, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 7% cert probability (95% interval 2%–20%)

Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, the Court of Appeals for the Armed Forces below, and a dissent in the court below (flagged in the petition).

Question presented

In Herring v. United States, 555 U.S. 135 (2009), this Court established the framework for determining when evidence must be suppressed under the Exclusionary Rule. That framework balances the deterrent value of suppression against its social cost. This case presents the question whether the social cost of suppression is determined on a case-by-case basis or has been resolved categorically by this Court’s Fourth Amendment jurisprudence.

Counsel of record

For petitioner
Brenner McGrath Fissell
Law Office of Brenner Fissell

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
22A1094

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 19 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 17 2023
    Waiver of right of respondent United States of America to respond filed.
  4. Jul 14 2023
    Letter from petitioner received.
  5. Jul 10 2023
    Petition for a writ of certiorari filed. (Response due August 11, 2023)
  6. Jun 21 2023
    Application (22A1094) granted by The Chief Justice extending the time to file until August 28, 2023.
  7. Jun 15 2023
    Application (22A1094) to extend the time to file a petition for a writ of certiorari from June 29, 2023 to August 28, 2023, submitted to The Chief Justice.