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Boris Kotlyarsky v. Department of Justice, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-2750 · judgment November 15, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence demonstrating that the accused never committed the crime?

  2. Is a District Court Judge obligated to ensure due process by scrutinizing a plea in a criminal case and the underlying circumstances before accepting the plea?

Counsel of record

For petitioner
Boris Kotlyarsky

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2024
    Rehearing DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Nov 01 2024
    Petition for Rehearing filed.
  4. Oct 07 2024
    Petition DENIED.
  5. Sep 04 2024
    DISTRIBUTED for Conference of 9/30/2024.
  6. Aug 30 2024
    Waiver of right of respondent Department of Justice, et al. to respond filed.
  7. Mar 31 2024
    Petition for a writ of certiorari filed. (Response due August 30, 2024)