Supreme Court Report

Supreme Court of the United States · Official docket →

Noble U. Ezukanma v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10329 · judgment August 17, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Fifth Circuit decision below, and a petition filed soon after the judgment below.

Question presented

How do the standards for judging ineffective assistance of counsel apply to the question of what advice defense counsel gives to a defendant concerning whether he should testify at trial?

Counsel of record

For petitioner
Gary Alan Udashen
Udashen Anton

For respondent
Elizabeth B. Prelogar
Solicitor General

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, December 11, 2023 · Certiorari denied

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 16 2023
    Waiver of right of respondent United States to respond filed.
  4. Nov 10 2023
    Petition for a writ of certiorari filed. (Response due December 14, 2023)