[El Gato]

Actually it wasn't.

Wrong-- here's the full docket:

Then why is it listed under pending cases? What was was denied on Jan 12th was a petion for a writ of certiorari *before judgment*.

While on the 21st a stay was denied as I posted above.

Besides jamese777 said "It was denied a Writ of Certiorari once again at the Supreme Court just yesterday."

Not just anytime, but yesterday. It was denied a writ of ceriorari on the 12th, but only as procedural matter.

[Lurking Libertarian]

Every denial of certiorari is "a procedural matter." By definition, a denial of certiorari is not a decision on the merits.

Berg filed only one Petition for Certiorari, and it was denied (you're correct that it wasn't denied yesterday). It was called a "Petition for Certiorari Before Judgment" because the 3d Circuit hasn't ruled on his appeal yet.