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Andrew P. Witt v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 22-0090 · judgment June 5, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The prosecutor repeatedly exhorted the panel members to consider how their sentence would reflect on them personally and professional and suggested that the members would be responsible for any future harm committed by Senior Airman Witt. Did this misconduct deprive Senior Airman Witt of due process protections and render the sentencing fundamentally unfair?

Counsel of record

For petitioner
Heather Marie Caine
US Air Force

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
23A178

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Nov 08 2023
    Waiver of right of respondent United States to respond filed.
  6. Oct 31 2023
    Petition for a writ of certiorari filed. (Response due December 4, 2023)
  7. Aug 29 2023
    Application (23A178) granted by The Chief Justice extending the time to file until November 2, 2023.
  8. Aug 23 2023
    Application (23A178) to extend the time to file a petition for a writ of certiorari from September 3, 2023 to November 2, 2023, submitted to The Chief Justice.