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Ramesh Sunny Balwani v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-10338, 23-1166 · judgment December 22, 2025


Certiorari denied · October 5, 2026
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, a Ninth Circuit decision below, and a petition citing one or two dissents.

Questions presented

  1. Whether plain-error review may be applied to a violation of Napue v. Illinois, 360 U.S. 264 (1959), where the prosecution did not merely fail to correct false testimony, but affirmatively exploited the uncorrected falsity in closing and rebuttal arguments the defense could not answer.

  2. Whether a court of appeals may excuse a district court’s complete failure to conduct any Rule 702 gatekeeping analysis as to whether specialized opinion testimony is based on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of those principles and methods, on the sole ground that the witnesses would have qualified as experts based on their credentials and experience. -i-

Counsel of record

For petitioner
Jeffrey Bruce Coopersmith
Corr Cronin LLP

For respondent
D. John Sauer
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

Linked docket
25A945

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED. Justice Thomas took no part in the consideration or decision of this petition.
  2. Jun 17 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 09 2026
    Waiver of right of respondent United States to respond filed.
  4. May 21 2026
    Petition for a writ of certiorari filed. (Response due July 1, 2026)
  5. Feb 24 2026
    Application (25A945) granted by Justice Kagan extending the time to file until May 21, 2026.
  6. Feb 20 2026
    Application (25A945) to extend the time to file a petition for a writ of certiorari from March 22, 2026 to May 21, 2026, submitted to Justice Kagan.