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Daniel Joseph Tisone v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 25-12104 · judgment March 30, 2026


5%
estimated cert probability
(petition-stage, structural)
Conference-stage estimate: 2%
Rule 10: circuit split argued
GVR risk 0%

Modestly above the 4.1% base rate. The model weights this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before.

Question presented

I. Whether an attorney’s requirement that a criminal defendant execute a non-disparagement agreement as a condition of representation creates an actual conflict of interest that presumptively prejudices the defendant under Cuyler v. Sullivan, or constitutes a constructive denial of counsel under United States v. Cronic, thereby obviating the need to prove prejudice under Strickland v. Washington?

Counsel of record

For petitioner
Bjorn Erik Brunvand
Brunvand, Wise & Farinella Law Group

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 19 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 11 2026
    Waiver of right of respondent United States to respond filed.
  3. Jun 29 2026
    Petition for a writ of certiorari filed. (Response due August 12, 2026)