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Blake Cretacci v. Joe Call, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-5669 · judgment February 17, 2021


Certiorari denied · October 18, 2021
Pre-decision estimate: 11% cert probability (95% interval 6%–19%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition citing three to ten dissents.

Question presented

In Houston v. Lack, 487 U.S. 266 (1988), this Court held that filings by prisoners receive the benefit of the mailbox rule, which means that a prisoner’s filing is deemed timely if it is placed in the prison mail system by the date it is due. This case presents a recurring question on which the courts of appeals are split. In some instances, a prisoner who is nominally represented by counsel submits a filing through the prison mail system. Such filings can result from miscommunication over representation status, abandonment by counsel, or as was the case here, counsel’s inability to submit the filing. The question presented is: Whether a prisoner who submits a filing through the prison mail system loses the benefit of the mailbox rule if he has counsel?

Counsel of record

For petitioner
Matthew S. Hellman
Jenner & Block LLP

For respondent
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Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 18, 2021 · Certiorari denied

Proceedings

  1. Oct 18 2021
    Petition DENIED.
  2. Sep 29 2021
    DISTRIBUTED for Conference of 10/15/2021.
  3. Aug 13 2021
    Petition for a writ of certiorari filed. (Response due September 15, 2021)