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Manuel Lopez-Castro v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13218 · judgment May 23, 2019


Certiorari denied · February 24, 2020
Pre-decision estimate: 7% cert probability (95% interval 5%–11%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.

Question presented

Does the actual innocence gateway to review of procedurally defaulted habeas claims apply only where new evidence shows the defendant did not commit the charged conduct, or does the doctrine also apply where retroactively-applicable precedent establishes that the defendant’s conduct was not criminal? (i)

Counsel of record

For petitioner
Richard C. Klugh Jr.

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
19A465

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 22 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 16 2020
    Waiver of right of respondent United States to respond filed.
  4. Jan 03 2020
    Petition for a writ of certiorari filed. (Response due February 7, 2020)
  5. Nov 01 2019
    Application (19A465) granted by Justice Thomas extending the time to file until January 5, 2020.
  6. Oct 22 2019
    Application (19A465) to extend the time to file a petition for a writ of certiorari from November 6, 2019 to January 5, 2020, submitted to Justice Thomas.