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Edwin Arthur Avery v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-3628 · judgment May 28, 2019

Certiorari denied · March 23, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Sixth Circuit decision below, and a petition citing one or two dissents.

Question presented

Federal law divides prisoners seeking postconviction relief into two categories: those in state custody (covered under 28 U.S.C. § 2254) and those in federal custody (covered under 28 U.S.C. § 2255). A separate provision, 28 U.S.C. § 2244(b)(1), provides that “[a] claim presented in a second or successive application under section 2254 that was presented in a prior application shall be dismissed.” The question presented is: Whether 28 U.S.C. § 2244(b)(1) applies to federal prisoners seeking relief under 28 U.S.C. § 2255. (i)

Counsel of record

For petitioner
Thomas Gregory Sprankling
Wilmer Cutler Pickering Hale and Dorr LLP

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 3 conferences

Argument & decision

Decided March 23, 2020.

Proceedings

  1. Mar 23 2020
    Petition DENIED. Statement of Justice Kavanaugh respecting the denial of certiorari. (Detached Opinion)
  2. Mar 16 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Mar 02 2020
    DISTRIBUTED for Conference of 3/6/2020.
  4. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  5. Feb 12 2020
    Reply of petitioner Edwin Arthur Avery filed.
  6. Jan 29 2020
    Brief of respondent United States in opposition filed.
  7. Jan 09 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including January 29, 2020.
  8. Jan 08 2020
    Motion to extend the time to file a response from January 15, 2020 to January 29, 2020, submitted to The Clerk.
  9. Dec 13 2019
    Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2020.
  10. Dec 12 2019
    Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
  11. Nov 15 2019
    Petition for a writ of certiorari filed. (Response due December 16, 2019)