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Javier Chavez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-40063 · judgment November 13, 2018

Certiorari denied · April 29, 2019
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

  1. Should the Fifth Circuit have granted a Certificate of Appealability on equitable tolling when Petitioner’s retained lawyer died and no one could find the file to get the Petition for Review filed on time?

Counsel of record

For petitioner
Larry Warner Sr.
Law Office of Larry Warner

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 29 2019
    Petition DENIED.
  2. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  3. Feb 11 2019
    Petition for a writ of certiorari filed. (Response due March 25, 2019)