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Violet Love Ray v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-13453 · judgment September 12, 2024
Before the decision, about 3.8× 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
A state prisoner can appeal from the denial of a federal petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 only if she first obtains a certificate of appealability under 28 U.S.C. § 2253(c). Section 2253(c)(2), designed to screen out frivolous appeals, provides: “A certificate of appealability may issue … only if the applicant has made a substantial showing of the denial of a constitutional right.” Two courts of appeals have determined that a state judge’s view that post-conviction relief is warranted due to the denial of a constitutional right is ordinarily proof of “a substantial showing of the denial of a constitutional right.” The decision below, however, denies Petitioner a certificate of appealability even though a state appellate judge determined she had established a right to relief on the merits of her constitutional ineffective-assistance-of-counsel claim. The question presented is: Whether a certificate of appealability should issue under 28 U.S.C. § 2253(c) where one or more judges in the state-court habeas proceedings has determined the petitioner proved the denial of a constitutional right entitling her to post-conviction relief.
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Rebecca Rock McGuigan
Office of Florida 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
24A770
Order
Order list, May 19, 2025 · Certiorari denied
Proceedings
- May 19 2025Petition DENIED.
- Apr 29 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 24 2025Waiver of right of respondent Dixon, Sec., FL DOC, et al. to respond filed.
- Mar 21 2025Petition for a writ of certiorari filed. (Response due April 24, 2025)
- Feb 07 2025Application (24A770) granted by Justice Thomas extending the time to file until March 21, 2025.
- Feb 05 2025Application (24A770) to extend the time to file a petition for a writ of certiorari from February 19, 2025 to April 20, 2025, submitted to Justice Thomas.