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In Re Julius Jerome Murphy

Paid petition


Certiorari denied · March 23, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

I. 28 U.S.C. § 2244(b)(3) tasks federal courts of appeals with determining whether an applicant has made a “prima facie showing” that his application satisfies the requirements of Section 2244(b) before the court may authorize the applicant to file a second or successive habeas petition. The question presented is: Does a circuit court exceed its jurisdiction by requiring a petitioner to satisfy the burden of actually establishing that his application to file a successive habeas petition satisfies the requirements of Section 2244(b) at the motion for authorization stage, rather than merely make the “prima facie showing” set forth in the text of the statute? (i)

Counsel of record

For petitioner
E. Desmond Hogan
Hogan Lovells US LLP

For respondent
Jefferson David Clendenin
Office of the Attorney General of Texas

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 24 2020
    Reply of petitioner Julius Jerome Murphy filed.
  4. Feb 10 2020
    Brief of respondent Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
  5. Jan 17 2020
    Petition for writ of habeas corpus filed.