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Gary Jefferson Byrd v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30510 · judgment June 8, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

Should a Certificate of Appeal ability (COA) be denied to a pro se litigant thus denying an appeal when the issue has been extensively researched and comprehensively briefed establishing that he has made a substantial showing of the denial of a constitutional right especially when it has been shown that jurists of reason could disagree with the District Court's summary denial? Should the Fifth Circuit continue to summarily deny a COA to a pro se litigant when both equity and several Supreme Court admonitions would require the issuance of a COA?

Counsel of record

For petitioner
Gary Byrd

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 7, 2019 · Certiorari denied

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 20 2018
    Waiver of right of respondent United States to respond filed.
  4. Oct 02 2018
    Petition for a writ of certiorari filed. (Response due December 17, 2018)