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Joshua James Duggar v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2178 · judgment August 7, 2023


Certiorari denied · June 24, 2024
Pre-decision estimate: 7% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Does the exclusion of relevant evidence of an alternative perpetrator based on a trial court’s conclusion it is too speculative violate a criminal defendant’s constitutional right to present a complete defense?

Counsel of record

For petitioner
Justin Keith Gelfand
Marguils Gelfand LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
23A554

Proceedings

  1. Jun 24 2024
    Petition DENIED.
  2. Jun 04 2024
    DISTRIBUTED for Conference of 6/20/2024.
  3. May 30 2024
    Reply of petitioner Joshua James Duggar filed.
  4. May 21 2024
    Brief of respondent United States in opposition filed.
  5. Apr 18 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2024.
  6. Apr 17 2024
    Motion to extend the time to file a response from April 29, 2024 to May 21, 2024, submitted to The Clerk.
  7. Mar 21 2024
    Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
  8. Mar 20 2024
    Motion to extend the time to file a response from March 29, 2024 to April 29, 2024, submitted to The Clerk.
  9. Feb 21 2024
    Petition for a writ of certiorari filed. (Response due March 29, 2024)
  10. Dec 15 2023
    Application (23A554) granted by Justice Kavanaugh extending the time to file until February 25, 2024.
  11. Dec 12 2023
    Application (23A554) to extend the time to file a petition for a writ of certiorari from December 27, 2023 to February 25, 2024, submitted to Justice Kavanaugh.