Supreme Court of the United States · Official docket →
Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-7776 · judgment December 16, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant’s sentence was premised on prior convictions and a sentence that were later found unconstitutional and vacated?
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Whether reasonable jurists could debate whether Stephens’s counsel were ineffective in failing to challenge his prior unconstitutional convictions and sentence?
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Whether reasonable jurists could debate whether Stephens’s right to testify was violated because he relinquished that right under the misapprehension that he could be impeached with his prior unconstitutional convictions? (i)
Counsel of record
For petitioner
Isley Markman Gostin
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Jeremy Hugh Welter
Office of the Attorney General of Maryland
Proceedings
- Oct 30 2023Petition DENIED.
- Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 02 2023Waiver of right of respondent Stephen T. Moyer, et al. to respond filed.
- Sep 22 2023Petition for a writ of certiorari filed. (Response due October 26, 2023)
- Sep 11 2023Application of Lee E. Stephens, Jr. for a further extension of time not accepted for filing. (September 14, 2023)
- Jun 13 2023Application (22A1067) granted by The Chief Justice extending the time to file until September 22, 2023.
- Jun 07 2023Application (22A1067) to extend the time to file a petition for a writ of certiorari from July 24, 2023 to September 22, 2023, submitted to The Chief Justice.