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Gregory Bartko v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-7879 · judgment May 20, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.

Question presented

The questions presented are: 1. Is the stringent second-and-successive gatekeeping standard under 28 U.S.C. § 2244(b), which some circuits have applied to after-acquired Brady/Napue claims even if the exculpatory evidence was not known at the time of the initial habeas petition, consistent with AEDPA and the Court’s decision is Panetti v. Quarterman, 551 U.S. 930, 127 S.Ct. 2842, 168 L.Ed.2d 662 (2007).

Counsel of record

For petitioner
Donald F. Samuel
Garland & Samuel, P.C.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Feb 01 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 24 2023
    Waiver of right of respondent United States to respond filed.
  4. Nov 11 2022
    Petition for a writ of certiorari filed. (Response due January 30, 2023)