Supreme Court of the United States · Official docket →
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
Before the decision, about 2× 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 dissent in the court below (flagged in the petition).
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
Conference history
Distributed for 1 conference
Proceedings
- Oct 18 2021Petition DENIED.
- Sep 29 2021DISTRIBUTED for Conference of 10/15/2021.
- Aug 13 2021Petition for a writ of certiorari filed. (Response due September 15, 2021)