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Brad Faver v. Harold W. Clarke, Director, Virginia Department of Corrections

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-7634 · judgment February 1, 2022


Certiorari denied · October 3, 2022
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

The following question stems from the Fourth Circuit Court of Appeals’ Published Opinion regarding claims asserted by Mr. Faver:

  1. Whether the Appellate Court erred in failing to shift the burden to the Defendant’s once Mr. Faver established a sincerely held belief that was burdended by the Defendant’s single vendor policy.

  2. Whether the Appellate Court erred in failing to find that the District Court clearly erred when it found that the Defendant had considered and rejected a contract with an Islamic vendor as a reasonable less restrictive alternative.

Counsel of record

For petitioner
Mario Bernard Williams
HDR, LLC

For respondent
Andrew Nathan Ferguson
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
21A782

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 03 2022
    Waiver of right of respondent Harold Clarke, Director, Virginia Department Of Corrections to respond filed.
  4. Jun 30 2022
    Petition for a writ of certiorari filed. (Response due August 4, 2022)
  5. Jun 02 2022
    Application (21A782) granted by The Chief Justice extending the time to file until June 30, 2022.
  6. May 27 2022
    Application (21A782) to extend the time to file a petition for a writ of certiorari from May 30, 2022 to June 30, 2022, submitted to The Chief Justice.