No. 24-839

Roman Storm v. United States District Court for the Southern District of New York

Lower Court: Second Circuit
Docketed: 2025-02-05
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure district-court federal-rules inherent-power judicial-discretion mandamus
Key Terms:
FifthAmendment Privacy
Latest Conference: 2025-03-07
Question Presented (AI Summary)

Whether a district court may rely on its inherent power to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, and whether the right to a writ of mandamus is clear and indisputable under Cheney v. U.S. Dist. Court

Question Presented (from Petition)

I. Whether a district court may rely on its “inherent power” to contravene an express provision of Federal Rule of Criminal Procedure Rule 16, where this Court has repeatedly held that the Federal Rules are as “binding as statutes” and district courts have no power to circumvent them. II. Whether the right to a writ of mandamus is “clear and indisputable,” under Cheney v. U.S. Dist. Court , 542 U.S. 367, 381 (2004), where the district court’s order violates settled Supreme Court precedent, even where no circuit Court of Appeals previously has been asked to apply that precedent to the federal rule at issue.

Docket Entries

2025-03-10
Petition DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-02-14
Waiver of United States of right to respond submitted.
2025-02-13
Waiver of right of respondent United States to respond filed.
2025-01-31
Petition for a writ of certiorari filed. (Response due March 7, 2025)

Attorneys

Roman Storm
Brian Edward KleinWaymaker LLP, Petitioner
Brian Edward KleinWaymaker LLP, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent