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Poppi Metaxas v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1398 · judgment September 17, 2020


Certiorari denied · February 22, 2021
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether the petitioner was denied effective assistance of counsel with respect to the plea process by counsel’s failure to discuss with and inform the petitioner of possible defenses to petitioner’s charges? If counsel had done so, there was a “reasonable probability” the petitioner would have insisted on going to trial instead of pleading guilty.

  2. Did the district court and court of appeals fail to comply with the applicable standard when denying the petitioner a certificate of appealability (“COA”).

Counsel of record

For petitioner
Brandon Creighton Sample
Brandon Sample PLLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 19 2021
    Rehearing DENIED.
  2. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 19 2021
    Petition for Rehearing filed.
  4. Feb 22 2021
    Petition DENIED.
  5. Feb 19 2021
    Motion of Poppi Metaxas to dismiss not accepted for filing. (February 22, 2021)
  6. Feb 03 2021
    DISTRIBUTED for Conference of 2/19/2021.
  7. Jan 29 2021
    Waiver of right of respondent United States to respond filed.
  8. Jan 09 2021
    Petition for a writ of certiorari filed. (Response due February 22, 2021)