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Ivan Calaff v. Michael Capra, Superintendent, Sing Sing Correctional Facility

Paid petition · United States Court of Appeals for the Second Circuit, No. 16-4048-pr · judgment November 6, 2017

Certiorari denied · March 5, 2018
Pre-decision estimate: 11% cert probability (95% interval 7%–18%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition citing three to ten dissents.

Question presented

Does the custody requirement of the federal habeas corpus statute preclude a constitutional challenge to an expired prior conviction that was used to enhance the sentence the petitioner is currently serving, where the failure to challenge the earlier conviction was through no fault of the petitioner?

Counsel of record

For petitioner
Daniel F Kolb
Davis Polk & Wardwell LLP

For respondent
David M. Cohn
Bronx County District Attorney's Office

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, March 5, 2018 · Certiorari denied

Proceedings

  1. Mar 05 2018
    Petition DENIED.
  2. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  3. Feb 09 2018
    Waiver of right of respondent Michael Capra to respond filed.
  4. Feb 05 2018
    Petition for a writ of certiorari filed. (Response due March 9, 2018)