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State Correctional Institution at Fayette, et al. v. Jerry Reeves

Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1043 · judgment July 25, 2018


Certiorari denied · June 17, 2019
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether evidence that was available but not presented at trial satisfies the new evidence requirement of the actual innocence exception which permits review of untimely Habeas Corpus petitions?

Counsel of record

For petitioner
Francis T. Chardo
Dauphin County D.A. Office

For respondent
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 17 2019
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Jun 17 2019
    Petition DENIED.
  3. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  4. Feb 15 2019
    Brief of respondent Jerry Reeves in opposition filed.
  5. Feb 15 2019
    Motion for leave to proceed in forma pauperis filed by respondent Jerry Reeves.
  6. Jan 14 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2019.
  7. Jan 09 2019
    Motion to extend the time to file a response from January 16, 2019 to February 15, 2019, submitted to The Clerk.
  8. Dec 17 2018
    Response Requested. (Due January 16, 2019)
  9. Dec 12 2018
    DISTRIBUTED for Conference of 1/4/2019.
  10. Dec 04 2018
    Waiver of right of respondent Jerry Reeves to respond filed.
  11. Oct 22 2018
    Petition for a writ of certiorari filed. (Response due November 26, 2018)