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Darrel Vannoy, Warden v. John David Floyd

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30421 · judgment June 25, 2018

Certiorari denied · November 19, 2018

Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a state or local-government petitioner, and a dissent in the court below (flagged in the petition).

Questions presented

Whether the court of appeals failed to apply due deference under 28 U.S.C. § 2254(d) and (e)(1) to the ruling of the Louisiana Supreme Court.
Whether the court of appeals misapplied the actualinnocence standard of McQuiggin v. Perkins, 569 U.S. 383 (2013) and Schlup v. Delo, 513 U.S. 298 (1995).

Counsel of record

For petitioner
Christopher James Ponoroff
Orleans Parish District Attorney's Office

For respondent
Richard Martin Andrew Davis
Innocence Project New Orleans

Case

Conference history
Distributed for 1 conference

Proceedings

Nov 19 2018
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 19 2018
Petition DENIED.
Oct 31 2018
DISTRIBUTED for Conference of 11/16/2018.
Oct 24 2018
Reply of petitioner Darrel Vannoy, Warden filed.
Oct 11 2018
Brief of respondent John David Floyd in opposition filed.
Oct 11 2018
Motion for leave to proceed in forma pauperis filed by respondent John David Floyd.
Sep 20 2018
Petition for a writ of certiorari filed. (Response due October 24, 2018)