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James Taric Byrd v. United States

IFP petition · United States Court of Appeals for the Third Circuit, No. 23-1216, 23-3021 · judgment March 5, 2025


Certiorari denied · February 23, 2026

Questions presented

  1. Whether an attorney’s motion to withdraw, after being punched by his client, must be granted, in accord with this Court’s decision in United States v. Cronic, 466 U.S. 648 (1984), where the attorney represents that he cannot “represent a guy who physically attacked me,” and thereafter states that he is “angry” with his client, is unwilling to be in the “same space” as him and will not “help him at all” with his testimony.

  2. Whether a trial court must advise a defendant, who has been removed from trial because of misconduct, of his right to return to the courtroom if he can assure the court that he is “willing to conduct himself consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.” Illinois v. Allen, 397 U. S. 337, 343 (1970). This is an issue that has long divided the lower courts.

Counsel of record

For petitioner
Robert Epstein
Federal Community Defender Office for the EDPA

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
25A121

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 22 2026
    Reply of petitioner James Byrd filed.
  4. Jan 14 2026
    Brief of respondent United States in opposition filed.
  5. Nov 25 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including January 14, 2026.
  6. Nov 24 2025
    Motion to extend the time to file a response from December 15, 2025 to January 14, 2026, submitted to The Clerk.
  7. Nov 14 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025.
  8. Nov 10 2025
    Motion to extend the time to file a response from November 13, 2025 to December 15, 2025, submitted to The Clerk.
  9. Oct 14 2025
    Response Requested. (Due November 13, 2025)
  10. Oct 09 2025
    DISTRIBUTED for Conference of 11/7/2025.
  11. Oct 07 2025
    Waiver of right of respondent United States to respond filed.
  12. Sep 29 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2025)
  13. Aug 18 2025
    Application (25A121) granted by Justice Alito extending the time to file until September 29, 2025.
  14. Aug 13 2025
    Application (25A121) to extend further the time from September 2, 2025 to September 29, 2025, submitted to Justice Alito.
  15. Jul 30 2025
    Application (25A121) granted by Justice Alito extending the time to file until September 2, 2025.
  16. Jul 17 2025
    Application (25A121) to extend the time to file a petition for a writ of certiorari from July 31, 2025 to September 2, 2025, submitted to Justice Alito.