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Albon Diamond v. Mark S. Inch, Secretary, Florida Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-13330 · judgment February 11, 2021


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

Before the decision, about 1.6× 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 an Eleventh Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether a freestanding claim of actual innocence is cognizable in a 28 U.S.C. § 2254 proceeding.

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Trisha Meggs Pate
Office of the Attorney General Criminal Appeals Division Tallahassee

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, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 18 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 12 2021
    Waiver of right of respondent state of florida to respond filed.
  4. Jul 12 2021
    Petition for a writ of certiorari filed. (Response due August 19, 2021)