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James Saylor v. Taggart Boyd, Interim Warden

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-1133 · judgment June 2, 2020

Certiorari denied · March 22, 2021
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and counsel who has filed here before, and down for a state or local-government respondent.

Questions presented

  1. Whether summary judgment may be utilized to dispose of a federal habeas petition in light of AEDPA.

  2. Whether a State’s failure to address a gateway actual innocence claim constitutes deliberate waiver.

  3. Whether a gateway actual innocence claim may be made if new evidence makes it “more likely than not any reasonable juror would have reasonable doubt.” House v. Bell, 547 U.S. 518, 538 (2006).

Counsel of record

For petitioner
Brandon Creighton Sample
Brandon Sample PLLC

For respondent
James A. Campbell
Alliance Defending Freedom

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 22, 2021 · Certiorari denied

Proceedings

  1. Mar 22 2021
    Petition DENIED.
  2. Feb 24 2021
    DISTRIBUTED for Conference of 3/19/2021.
  3. Feb 19 2021
    Waiver of right of respondent Taggart Boyd to respond filed.
  4. Jan 21 2021
    Petition for a writ of certiorari filed. (Response due March 18, 2021)