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John A. Anderson v. John F. Walrath, Warden

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-6322 · judgment October 22, 2018


Certiorari denied · March 4, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

_________________________ Where the United States District Court for the Western District of Virginia concluded that reasonable jurists could disagree on the fundamental legal principle at issue in the underlying habeas petition, did that court’s denial of a Certificate of Appealability (COA) (and the United States Court of Appeals for the Fourth Circuit’s sanctioning thereof through summary affirmance on appeal), ignoring this Court’s clear and precedential standard for the issuance of the COA, so far depart from the accepted and usual course of judicial proceedings with respect to the doctrine of stare decisis and adherence to this Court’s rulings precedent as to call for an exercise of this Court’s supervisory power under Supreme Court Rule 10(a)?

Counsel of record

For petitioner
Roger Brandon Stough
Roger B. Stough, PC

For respondent
Toby Jay Heytens
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 04 2019
    Petition DENIED.
  2. Feb 13 2019
    DISTRIBUTED for Conference of 3/1/2019.
  3. Feb 05 2019
    Waiver of right of respondent Walrath, Warden to respond filed.
  4. Jan 18 2019
    Petition for a writ of certiorari filed. (Response due February 27, 2019)