Supreme Court of the United States · Official docket →
Thomas E. Clardy v. Kenneth Nelsen, Warden
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5676 · judgment January 27, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In a case that hinges primarily on eyewitness identification, does a criminal defense attorney perform deficiently under Strickland v. Washington, 466 U.S. 668 (1984), when the attorney fails to present expert testimony about the well-documented reliability problems of eyewitness identifications, or neglects even to request funding for such testimony from the court?
Counsel of record
For petitioner
Angela Lee Bergman
Bass, Berry & Sims
For respondent
John Henry Bledsoe III
Office of Tennessee 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
Order
Order list, June 2, 2025 · Certiorari denied
Proceedings
- Jun 02 2025Petition DENIED.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 05 2025Waiver of right of respondent Nelsen, Warden to respond filed.
- Apr 28 2025Petition for a writ of certiorari filed. (Response due June 2, 2025)