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Alexander Dockery v. William Lee, Superintendent, Eastern Correctional Facility
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2234 · judgment October 31, 2022
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition citing three to ten dissents.
Question presented
Is the federal habeas custody requirement met where a petitioner makes a constitutional challenge to a previously unchallenged conviction that was used to enhance the sentence the petitioner is currently serving if the failure to challenge the earlier conviction was through no fault of the petitioner?
Counsel of record
For petitioner
Sharon Katz
Davis Polk & Wardwell
For respondent
Steven Chiajon Wu
New York County District Attorney's Office
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, March 27, 2023 · Certiorari denied
Proceedings
- Mar 27 2023Petition DENIED.
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Mar 02 2023Waiver of right of respondent William Lee to respond filed.
- Jan 30 2023Petition for a writ of certiorari filed. (Response due March 3, 2023)