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Caleb A. C. Smith v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 022-0237AF · judgment July 12, 2023

Certiorari denied · January 22, 2024
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

Whether a statement, made hours after an alleged assault that the declarant has no memory of, is admissible as an excited utterance?

Counsel of record

For petitioner
Heather Marie Caine
US Air Force

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
23A291

Proceedings

  1. Jan 22 2024
    Petition DENIED.
  2. Jan 03 2024
    DISTRIBUTED for Conference of 1/19/2024.
  3. Dec 29 2023
    Waiver of right of respondent United States to respond filed.
    Main Document
  4. Dec 07 2023
    Petition for a writ of certiorari filed. (Response due January 16, 2024)
    PetitionAppendixCertificate of Word CountProof of Service
  5. Oct 10 2023
    Application (23A291) granted by The Chief Justice extending the time to file until December 9, 2023.
  6. Sep 29 2023
    Application (23A291) to extend the time to file a petition for a writ of certiorari from October 10, 2023 to December 9, 2023, submitted to The Chief Justice.
    Main DocumentProof of Service