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Foster v. Wearry

Petition for certiorari denied on May 15, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-857 5th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether preparing witnesses to bolster existing evidence intended for use at the criminal trial, after probable cause has been determined, is a function “intimately associated with the judicial phase of the criminal process” and “in presenting the State’s case” such that absolute immunity applies under Imbler v. Pachtman and its progeny; and (2) whether the absolute immunity that applies to prosecutors for conduct under the “functional approach” embraced in Imbler extends to law enforcement officers performing the same conduct while assisting in the prosecution of the criminal charge.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 05 2023Application (22A608) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to March 13, 2023, submitted to Justice Alito.
Jan 09 2023Application (22A608) granted by Justice Alito extending the time to file until February 24, 2023.
Feb 24 2023Petition for a writ of certiorari filed. (Response due April 7, 2023)
Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
May 15 2023Petition DENIED.