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Robert L. Fooks v. Maryland

Paid petition · Supreme Court of Maryland, No. 24, September Term, 2022 · judgment June 6, 2025


Certiorari denied · February 23, 2026
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Does Maryland Code, Public Safety Article, § 5-133(b)(2), which provides that “a person may not possess a firearm if the person has been convicted of a violation classified as a common law crime and received a term of imprisonment of more than 2 years,” violate the Second Amendment on its face, in light of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), and United States v. Rahimi, 602 U.S. 680, 144 S.Ct. 1889, 219 L.Ed.2d 351 (2024)?

  2. Does Maryland Code, Public Safety Article, § 5-133(b)(2) violate the Second Amendment as applied to Mr. Fooks, in light of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), and United States v. Rahimi, 602 U.S. 680, 144 S.Ct. 1889, 219 L.Ed.2d 351 (2024)?

Counsel of record

For petitioner
Peter Franklin Rose
Office of Public Defender, MD

For respondent
Andrew John DiMiceli
Maryland Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 14 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 05 2026
    Reply of petitioner Robert L. Fooks filed.
  4. Jan 02 2026
    Brief of respondent Maryland in opposition filed.
  5. Dec 02 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including January 2, 2026.
  6. Dec 01 2025
    Motion to extend the time to file a response from December 8, 2025 to January 2, 2026, submitted to The Clerk.
  7. Oct 16 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2025.
  8. Oct 15 2025
    Motion to extend the time to file a response from October 29, 2025 to December 8, 2025, submitted to The Clerk.
  9. Sep 29 2025
    Response Requested. (Due October 29, 2025)
  10. Sep 24 2025
    DISTRIBUTED for Conference of 10/10/2025.
  11. Sep 19 2025
    Waiver of right of respondent Maryland to respond filed.
  12. Sep 02 2025
    Petition for a writ of certiorari filed. (Response due October 20, 2025)