Supreme Court Report

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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: the model weighted this down for a self-represented petitioner.

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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Orders
Order list, October 7, 2024 · Certiorari denied
Order list, November 25, 2024 · Rehearing denied

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)