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Mark S. Scott v. United States, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-7199, 24-368 · judgment January 31, 2025


Certiorari denied · October 6, 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.

Question presented

Whether the United States Court of Appeals for the Second Circuit applied the wrong standard to the admission of perjured testimony that the government knew to be perjured, when it applied a “reasonable likelihood” standard instead of the “beyond a reasonable doubt” standard required by this Court in Glossip v. Oklahoma, 145 S. Ct. 612 (2025).

Counsel of record

For petitioner
Roger Lee Stavis
Mintz and Gold LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 22 2025
    Waiver of right of respondent Karl Sebastian Greenwood to respond filed.
  3. Aug 06 2025
    DISTRIBUTED for Conference of 9/29/2025.
  4. Jul 30 2025
    Waiver of right of respondent United States to respond filed.
  5. Jul 21 2025
    Petition for a writ of certiorari filed. (Response due August 22, 2025)