Supreme Court Report

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Mamadou Diaw v. Ohio

Paid petition · Supreme Court of Ohio, No. 2024-1083 · judgment July 2, 2025


Certiorari denied · November 10, 2025
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether, after Carpenter v. United States, 585 U.S. 296 (2018), the Fourth Amendment permits law enforcement to obtain a single historical location data point associated with a user account on a third-party marketplace application—without a warrant—via a prosecutor’s subpoena issued under state statute.

  2. Whether the “third-party doctrine” from Smith v. Maryland, 442 U.S. 735 (1979), and United States v. Miller, 425 U.S. 435 (1976), extends to historical app-location data where the government seeks targeted historical coordinates for investigative use, rather than business records reflecting non-locational account activity.

Counsel of record

For petitioner
Adam Gregory Burke
Burke, Meis & Associates LLC

For respondent
Seth Luxon Gilbert
Franklin County Prosecuting Attorney

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 10, 2025 · Certiorari denied

Proceedings

  1. Nov 10 2025
    Petition DENIED.
  2. Oct 08 2025
    DISTRIBUTED for Conference of 11/7/2025.
  3. Oct 07 2025
    Waiver of right of respondent State of Ohio to respond filed.
  4. Sep 30 2025
    Petition for a writ of certiorari filed. (Response due November 3, 2025)