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Krishna Maharaj v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-14816 · judgment March 17, 2022


Certiorari denied · October 11, 2022
Pre-decision estimate: 12% cert probability (95% interval 7%–19%)

Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a state or local-government respondent.

Question presented

When a court of appeals authorizes adjudication of a claim in a second or successive habeas petition pursuant to 28 U.S.C. 2244(b)(3)(A), is the district court adjudicating the claim jurisdictionally barred from considering any evidence supporting the claim that the court of appeals has not specifically identified in its authorization order, as the court of appeals held in this case, or does the district court have the power to consider all evidence that bears directly on the authorized claim, as the Seventh Circuit has held?

Counsel of record

For petitioner
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP

For respondent
Magaly Rodriguez
Office of the Attorney General

Case

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

Conference history
Distributed for 1 conference

Linked docket
22A93

Order
Order list, October 11, 2022 · Certiorari denied

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 20 2022
    Waiver of right of respondent Secretary, Florida Department of Corrections; Warden, South Florida Reception Center; Florida Attorney General to respond filed.
  4. Sep 12 2022
    Petition for a writ of certiorari filed. (Response due October 14, 2022)
  5. Aug 03 2022
    Application (22A93) granted by Justice Thomas extending the time to file until September 12, 2022.
  6. Aug 01 2022
    Application (22A93) to extend the time to file a petition for a writ of certiorari from August 11, 2022 to October 10, 2022, submitted to Justice Thomas.