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Randy A. Thomas v. Cynthia Davis, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 25-3340 · judgment February 18, 2026


Certiorari denied · October 5, 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.

Question presented

Whether a criminal defendant’s right to be present at all critical stages of trial includes the right to be present for a trial court’s response to a jury’s request for additional instructions. Whether a defendant must show that his presence during the trial court’s response to a jury’s request for additional instructions would have changed the outcome of trial. Whether a district court’s fact finding that counsel was absent during a critical stage of trial should be reviewed for clear error.

Counsel of record

For petitioner
Kip Thomas Bollin
Thompson Hine LLP

For respondent
Mathura Jaya Sridharan
Ohio Attorney General's Office

Case

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

Conference history
Distributed for 1 conference

Linked docket
25A1237

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 03 2026
    Waiver of right of respondent Cynthia Davis to respond filed.
  4. Jun 22 2026
    Petition for a writ of certiorari filed. (Response due August 21, 2026)
  5. May 11 2026
    Application (25A1237) granted by Justice Kavanaugh extending the time to file until June 19, 2026.
  6. May 07 2026
    Application (25A1237) to extend the time to file a petition for a writ of certiorari from May 19, 2026 to June 19, 2026, submitted to Justice Kavanaugh.