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Michael Prete v. Rhode Island

Paid petition · Supreme Court of Rhode Island, No. 2025-106-C.A. · judgment October 24, 2025


0%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Did this Court’s (“SCOTUS”) Abney v. U.S. (431 U.S. 651 (1977)) ruling overturn SCOTUS’s holding in Stack v. Boyle (342 U.S. 1 (1951)) which declared Eighth Amendment violation appeals are permissible interlocutory appeals? Since Abney didn’t overturn Stack (and, therefore, Eighth Amendment violation appeals are still permissible interlocutory appeals), did the R.I. Supreme Court’s (“RISC”) decision (claiming Eighth Amendment violation appeals are NOT permissible interlocutory appeals) violate SCOTUS’s binding precedent (binding precedent which has been repeated by ALL TWELVE U.S. Circuit Courts of Appeal)? Did RISC’s intentional defiance of SCOTUS’s binding precedent unconstitutionally strip Petitioner of Due Process, Equal Protection, Etc. Guarantees? Can RISC arbitrarily and under knowingly false pretenses, etc. invoke extreme inherent powers (created by SCOTUS) (which SCOTUS has warned are not to be abused, used arbitrarily, etc. (see Degen v. U.S., 517 U.S. 820 (1996))) to avoid addressing its defiance of SCOTUS’s binding precedent? Did RISC violate Petitioner’s Free Speech, Due Process, Equal Protection, Etc. Guarantees when, after Petitioner’s motion for Page i of xiv

Counsel of record

For petitioner
Michael Prete

For respondent
Christopher Robinson Bush
Rhode Island Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
25A950

Proceedings

  1. Jul 01 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 26 2026
    Waiver of right of respondent State of Rhode Island to respond filed.
  3. May 18 2026
    Petition for a writ of certiorari filed. (Response due July 17, 2026)
  4. Feb 26 2026
    Application (25A950) granted by Justice Jackson extending the time to file until May 18, 2026.
  5. Feb 17 2026
    Application (25A950) to extend the time to file a petition for a writ of certiorari from March 19, 2026 to May 18, 2026, submitted to Justice Jackson.