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Jarrod Taylor v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-11523-P · judgment October 5, 2018


Certiorari denied · May 13, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

(CAPITAL CASE)

  1. Did the United States Court of Appeals for the Eleventh Circuit (the “Circuit Court” or “Eleventh Circuit”) apply an incorrect standard for obtaining a certificate of appealability (“COA”) by engaging in de novo fact finding and deciding the merits of Jarrod Taylor’s habeas corpus claims, contrary to this Court’s precedents?

  2. Under the correct COA standard, did the Eleventh Circuit err by denying Jarrod Taylor a COA where, during the guilt phase of his trial, the State secreted to the jury evidence of Taylor’s prior felony conviction and other unrelated bad acts, and then repeatedly concealed the fact that it had presented such evidence to the jury?

Counsel of record

For petitioner
Theodore V. Wells Jr.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP

For respondent
Lauren Ashley Simpson
Office of the Attorney General State of Alabama

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
18A601

Proceedings

  1. May 13 2019
    Petition DENIED.
  2. Apr 17 2019
    DISTRIBUTED for Conference of 5/9/2019.
  3. Apr 09 2019
    Reply of petitioner Jarrod Taylor filed.
  4. Apr 04 2019
    Amicus brief of Federal Defenders for the Middle District of Alabama not accepted for filing. (April 09, 2019 -- Corrected version to be submitted)
  5. Apr 04 2019
    Brief amici curiae of Federal Defenders for the Middle District of Alabama, Inc., et al. filed.
  6. Mar 26 2019
    Brief of Jefferson S. Dunn in opposition not accepted for filing. (April 09, 2019 -- Corrected version to be submitted)
  7. Mar 26 2019
    Brief of respondent Jefferson S. Dunn in opposition filed.(4/11/ 2019)
  8. Mar 04 2019
    Petition for a writ of certiorari filed. (Response due April 5, 2019)
  9. Dec 11 2018
    Application (18A601) granted by Justice Thomas extending the time to file until March 4, 2019.
  10. Dec 10 2018
    Application (18A601) to extend the time to file a petition for a writ of certiorari from January 3, 2019 to March 4, 2019, submitted to Justice Thomas.