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John Myers v. Ron Neal, Superintendent, Indiana State Prison

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-3158 · judgment August 4, 2020


Certiorari denied · April 5, 2021
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

Whether the Seventh Circuit erred by holding, in conflict with at least four other courts of appeals, that to establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a criminal defendant must show that if the evidence tainted by the deficient performance of his defense counsel is ignored, then there would not be substantial evidence to support a conviction.

Counsel of record

For petitioner
Clifford Warren Berlow
Jenner & Block LLP

For respondent
Stephen Richard Creason

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 05 2021
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Mar 16 2021
    DISTRIBUTED for Conference of 4/1/2021.
  3. Mar 10 2021
    Waiver of right of respondent Neal, Supt., IN to respond filed.
  4. Feb 12 2021
    Petition for a writ of certiorari filed. (Response due March 22, 2021)