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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, with no standout signals pointing toward a grant.

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

Conference history
Distributed for 1 conference

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)