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Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections

Paid petition · Supreme Court of Virginia, No. 170802 · judgment January 23, 2018


Certiorari denied · February 19, 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

A. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to present adversarial expert testimony? B. Did the Virginia Supreme Court err by effectively affirming a lower court holding that Petitioner’s state Petition for Writ of Habeas Corpus was untimely when uncontroverted evidence showed timely receipt in that lower court? C. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to properly investigate the case? D. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to properly contest the testimony of Robert Fromberg? E. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to pursue DNA testing? F. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson’s ineffective assistance of counsel claim for failure to object to statements made in violation of Patterson's constitutional rights? i PETITION FOR CERTIORARI

Counsel of record

For petitioner
Dale Reese Jensen
Dale Jensen, PLC

For respondent
Toby Jay Heytens
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 09 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Dec 21 2018
    Brief of respondent Harold W. Clarke, Director, Virginia Department of Corrections in opposition filed.
  4. Oct 26 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 24, 2018.
  5. Oct 24 2018
    Motion to extend the time to file a response from November 23, 2018 to December 23, 2018, submitted to The Clerk.
  6. Oct 23 2018
    Response Requested. (Due November 23, 2018)
  7. Oct 17 2018
    DISTRIBUTED for Conference of 11/2/2018.
  8. Jun 01 2018
    Petition for a writ of certiorari filed. (Response due October 1, 2018)