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Duane Joseph Johnson v. Eric D. Wilson, Warden

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5350 · judgment May 29, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 7% cert probability (95% interval 4%–13%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a petition citing three to ten dissents, and down for a state or local-government respondent.

Questions presented

  1. Must a habeas petitioner asserting ineffective assistance of appellate counsel estab­ lish by a preponderance that counsel’s omitted argument was meritorious?

  2. Did the D.C. Circuit misapply Brady v. Maryland, 373 U.S. 83 (1963) and Strickland v. Washington, 466 U.S. 668 (1984) when it rejected Petitioner’s ineffective-assistance-of-appellate-counsel claims? (I)

Counsel of record

For petitioner
Alex Young K. Oh
Paul, Weiss, Rifkind, Wharton & Garrison LLP

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 2 conferences

Linked docket
20M40

Order
Order list, January 11, 2021 · Certiorari denied

Proceedings

  1. Jan 11 2021
    Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 02 2020
    Waiver of right of respondent Wilson, Eric to respond filed.
  4. Nov 23 2020
    Motion (20M40 for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Kagan took no part in the consideration or decision of this motion.
  5. Nov 04 2020
    MOTION (20M40) DISTRIBUTED for Conference of 11/20/2020.
  6. Oct 26 2020
    Motion (20M40) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  7. Oct 26 2020
    Petition for a writ of certiorari filed. (Response due December 23, 2020)