Supreme Court Report

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Derek Hutter v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-10313 · judgment March 20, 2020

Certiorari denied · December 7, 2020
Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Fifth Circuit decision below, and a petition citing one or two dissents.

Question presented

Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim(s) that his counsel rendered ineffective assistance of counsel by (1) failing to advise the Petitioner regarding available defenses in this case and/or (2) failing to object to the sentencing court’s consideration of an impermissible factor during the sentencing hearing.

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

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, December 7, 2020 · Certiorari denied

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Nov 03 2020
    Waiver of right of respondent United States of America to respond filed.
  4. Aug 17 2020
    Petition for a writ of certiorari filed. (Response due November 20, 2020)