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Anthony Vetri v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-1208 · judgment September 5, 2024


Certiorari denied · April 21, 2025
Pre-decision estimate: 5% cert probability

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

Questions presented

The criminally accused is guaranteed the right to conf lict-free, effective counsel under the Sixth Amendment. Given that right, the following questions arise:

  1. To show a violation of the right to conflict-free counsel when represented by multiple attorneys, only some of whom are conflicted, must a defendant show actual prejudice under Strickland v. Washington, 466 U.S. 668 (1984), or does the presumption of prejudice set forth in Cuyler v. Sullivan, 446 U.S. 335 (1980), apply?

  2. Where trial counsel completely misunderstood how to present a withdrawal defense and failed to present affirmative acts of withdrawal as required by Smith v. United States, 568 U.S. 106 (2013), should his conduct have been analyzed under the standard in United States v. Cronic, 466 U.S. 648 (1984), instead of Strickland v. Washington, 466 U.S. 668 (1984)?

Counsel of record

For petitioner
Jerome M. Brown
Law Office of Jerome M. Brown

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 21 2025
    Petition DENIED.
  2. Mar 26 2025
    DISTRIBUTED for Conference of 4/17/2025.
  3. Mar 18 2025
    Waiver of right of respondent United States to respond filed.
  4. Mar 03 2025
    Petition for a writ of certiorari filed. (Response due April 4, 2025)