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Lyneal Wainwright, Warden v. Jason S. Sexton

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-3370 · judgment August 4, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 13% cert probability (95% interval 7%–21%)

Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a state or local-government petitioner, and a circuit split argued in the petition.

Questions presented

  1. Can federal courts award habeas relief based on errors in state-postconviction proceedings?

  2. If errors in state-postconviction proceedings sometimes provide a basis for habeas relief, can a habeas petitioner win relief based on such errors even if he did not diligently pursue the proceedings in which the errors occurred?

Counsel of record

For petitioner
Benjamin Michael Flowers
Ashbrook Byrne Kresge Flowers LLC

For respondent
Jay Randall Carson
The Buckeye Institute

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 07 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
  4. Dec 07 2020
    Reply of petitioner Lyneal Wainwright, Warden filed. (Distributed)
  5. Dec 03 2020
    Brief of respondent Jason Sexton in opposition filed.
  6. Oct 29 2020
    Petition for a writ of certiorari filed. (Response due December 3, 2020)