Supreme Court Report

Supreme Court of the United States · Official docket →

Johnny Gatewood v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-6297 · judgment October 29, 2020

Certiorari denied · June 21, 2021
Pre-decision estimate: 14% cert probability (95% interval 10%–21%)

Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether cause exists to excuse a habeas petitioner’s procedural default when near-unanimous cirtioner's cuit precedent foreclosed the petitioner’s petitioner's claim.

  2. Whether cause exists to excuse a habeas petitioner’s procedural default when this Court explicitly tioner's overrules one of its precedents. (i)

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. Jun 01 2021
    Reply of petitioner Johnny Gatewood filed. (Distributed)
  4. May 27 2021
    Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
  5. May 21 2021
    Brief of respondent United States in opposition filed.
  6. Apr 29 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2021.
  7. Apr 27 2021
    Motion to extend the time to file a response from May 7, 2021 to May 21, 2021, submitted to The Clerk. (Corrected letter received 4/29/21)
  8. Apr 07 2021
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  9. Apr 07 2021
    Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law filed.
  10. Apr 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2021.
  11. Mar 31 2021
    Motion to extend the time to file a response from April 7, 2021 to May 7, 2021, submitted to The Clerk.
  12. Mar 02 2021
    Petition for a writ of certiorari filed. (Response due April 7, 2021)