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James Timothy Norman v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1473 · judgment July 9, 2024


Certiorari denied · March 24, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before.

Questions presented

  1. Given that the Eighth Circuit is the lone holdout in an 11-1 circuit split on the meaning of Federal Rule of Evidence 803(3), should the Eighth Circuit’s line of cases holding that statements which allow not only the state of mind of the declarant but also the reasons why a declarant has a particular state of mind—which was applied in this case to admit critical evidence against Petitioner—be corrected by this Court to align with the law in every other circuit?

  2. Whether the Eighth Circuit erred when it created the new and unprecedented doctrine that a witness may obtain Fifth Amendment immunity from testifying on the grounds that he might lie on the stand?

Counsel of record

For petitioner
Caleb Edward Mason
Werksman Jackson and Quinn LLP

For respondent
Sarah M. Harris
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
24A482

Proceedings

  1. Mar 24 2025
    Petition DENIED.
  2. Mar 18 2025
    Brief amici curiae of 15 Law Professors filed. (Distributed)
  3. Mar 05 2025
    DISTRIBUTED for Conference of 3/21/2025.
  4. Feb 25 2025
    Waiver of right of respondent United States to respond filed.
  5. Feb 13 2025
    Petition for a writ of certiorari filed. (Response due March 20, 2025)
  6. Nov 15 2024
    Application (24A482) granted by Justice Kavanaugh extending the time to file until February 24, 2025.
  7. Nov 04 2024
    Application (24A482) to extend the time to file a petition for a writ of certiorari from December 26, 2024 to February 24, 2025, submitted to Justice Kavanaugh.