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John Mullarkey, Jr. v. Kevin Kauffman, Superintendent, State Correctional Institution at Huntingdon, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-3203 · judgment January 19, 2018


Certiorari denied · June 25, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the United States Court of Appeals for the Third Circuit erred in denying Petitioner’s request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c), where the Petitioner demonstrated, in accordance with the standards set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003) and Buck v. Davis, 137 S. Ct. 759 (2017), that jurists of reason could disagree with the District Court’s resolution of his constitutional claims or that jurists could conclude the issues presented were adequate to deserve encouragement to proceed further?

Counsel of record

For petitioner
Richard J. Cromer
Leech Tishman Fuscaldo & Lampl

For respondent
Ronald Michael Wabby Jr.
Allegheny County Dist. Atty.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 25 2018
    Petition DENIED.
  2. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  3. May 29 2018
    Waiver of right of respondents Superintendent Huntingdon SCI, et al. to respond filed.
  4. May 23 2018
    Petition for a writ of certiorari filed. (Response due June 25, 2018)