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Samuel Anstey v. Ralph Terry, Superintendent, Mount Olive Correctional Complex, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-7238 · judgment June 8, 2020

Certiorari denied · December 7, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a petitioner whose conviction was based substantially on discredited arson investigation techniques can survive summary judgment under 28 U.S.C. § 2244 on a theory that changes in fire investigation science constitute newly discovered evidence.

Counsel of record

For petitioner
Devon Thomas Unger
West Virginia Innocence Project

For respondent
Lindsay Sara See
Office of the West Virginia Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 07 2020
    Petition DENIED.
  2. Nov 17 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Nov 13 2020
    Waiver of right of respondent Ralph Terry to respond filed.
  4. Nov 05 2020
    Petition for a writ of certiorari filed. (Response due December 10, 2020)