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Roman Storm v. United States District Court for the Southern District of New York
Paid petition · United States Court of Appeals for the Second Circuit, No. 24-2742 · judgment November 15, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a petition filed soon after the judgment below, and a petition citing one or two dissents.
Question presented
I. Whether a district court may rely on its “inherent power” to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, where this Court has repeatedly held that the Federal Rules are as “binding as statutes” and district courts have no power to circumvent them. II. Whether the right to a writ of mandamus is “clear and indisputable,” under Cheney v. U.S. Dist. Court, 542 U.S. 367, 381 (2004), where the district court’s order violates settled Supreme Court precedent, even where no circuit Court of Appeals previously has been asked to apply that precedent to the federal rule at issue.
Counsel of record
For petitioner
Brian Edward Klein
Waymaker LLP
For respondent
Sarah M. Harris
Acting 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, March 10, 2025 · Certiorari denied
Proceedings
- Mar 10 2025Petition DENIED.
- Feb 19 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 13 2025Waiver of right of respondent United States to respond filed.
- Jan 31 2025Petition for a writ of certiorari filed. (Response due March 7, 2025)