Supreme Court of the United States · Official docket →
Daniel Joseph Tisone v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 25-12104 · judgment March 30, 2026
Before the decision, about 2× the 4.1% base rate. The model weighted 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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Aug 19 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 11 2026Waiver of right of respondent United States to respond filed.
- Jun 29 2026Petition for a writ of certiorari filed. (Response due August 12, 2026)