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Chadwick Dotson, Director, Virginia Department of Corrections v. Berman Justus, Jr.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-6351 · judgment August 15, 2023


Certiorari denied · March 25, 2024
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a habeas petitioner can show that a mental illness constitutes an “extraordinary circumstance” that warrants reopening a final judgment under Federal Rule of Civil Procedure 60(b)(6), and equitably tolling the statute of limitations, without evidence that the mental illness rendered the petitioner incapable of filing during the limitations period?

Counsel of record

For petitioner
Andrew Nathan Ferguson
Office of the Attorney General

For respondent
Jonathan Yates Ellis
McGuireWoods LLP

Case

Conference history
Distributed for 1 conference

Linked docket
23A370

Proceedings

  1. Mar 25 2024
    Petition DENIED.
  2. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. Mar 04 2024
    Reply of petitioner Chadwick Dotson filed. (Distributed)
  4. Feb 15 2024
    Brief of respondent Berman Justus, Jr. in opposition filed.
  5. Jan 09 2024
    Motion to extend the time to file a response is granted and the time is extended to and including February 15, 2024.
  6. Jan 05 2024
    Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
  7. Dec 13 2023
    Petition for a writ of certiorari filed. (Response due January 16, 2024)
  8. Oct 25 2023
    Application (23A370) granted by The Chief Justice extending the time to file until December 13, 2023.
  9. Oct 16 2023
    Application (23A370) to extend the time to file a petition for a writ of certiorari from November 13, 2023 to December 13, 2023, submitted to The Chief Justice.