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Terrence Pendergrass v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-787 · judgment August 11, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition filed soon after the judgment below.

Question presented

I. Contrary to the holding in Buck v. Davis, 137 S. Ct. 759 (2017), did the Second Circuit err in denying Petitioner’s motion for a certificate of appealability where the district court conducted a merits analysis in summarily dismissing petitioner’s motion to vacate sentence?

Counsel of record

For petitioner
Noell Peter Tin
Tin Fulton Walker & Owen, PLLC

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, January 11, 2021 · Certiorari denied

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 02 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 30 2020
    Waiver of right of respondent United States to respond filed.
  4. Nov 05 2020
    Petition for a writ of certiorari filed. (Response due December 10, 2020)