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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: 1% 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

Conference history
Distributed for 1 conference

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)