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Shaygan v. United States

Petition for certiorari denied on November 12, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-44 11th Cir. N/A N/A N/A N/A OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to or work for this blog in various capacities, filed an amicus brief in support of the petitioner in this case.

Issue: Whether the government is exempted as a matter of law for Hyde Amendment sanctions, 18 U.S.C. § 3006A, under the statute’s prohibition on “bad faith” prosecutions despite subjective malice in its filing decision and extensive and pervasive prosecutorial misconduct during the course of the litigation, merely because there was probable cause to support the filing of the indictment.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 6 2012Petition for a writ of certiorari filed. (Response due August 9, 2012)
Jul 9 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Jul 31 2012Order extending time to file response to petition to and including September 10, 2012.
Aug 9 2012Brief amicus curiae of The Constitution Project filed.
Aug 9 2012Brief amici curiae of Former Federal Judges, et al. filed.
Aug 9 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 9 2012Brief amicus curiae of Association of American Physicians and Surgeons filed.
Aug 27 2012Order further extending time to file response to petition to and including October 10, 2012.
Oct 9 2012Order further extending time to file response to petition to and including October 12, 2012.
Oct 12 2012Brief of respondent United States in opposition filed.
Oct 19 2012Reply of petitioner Ali Shaygan filed.
Oct 24 2012DISTRIBUTED for Conference of November 9, 2012.
Nov 13 2012Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
Term Snapshot