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Corey Miller v. Tim Hooper, Warden

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30834 · judgment July 22, 2024


Certiorari denied · December 9, 2024
Pre-decision estimate: 7% cert probability (95% interval 5%–10%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether the Court of Appeals’ repeated misapplication of the standard for issuing a certificate of appealability warrants another exercise of this Court's supervisory power as in Buck v. Davis, 580 U.S. 100 (2017), particularly where the underlying claims call into serious question whether racial prejudice infected this life-without-parole conviction and sentence?

Counsel of record

For petitioner
Jane Catherine Hogan
Hogan Attorneys

For respondent
Juliet L. Clark
Assistant District Attorney

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 09 2024
    Petition DENIED.
  2. Nov 13 2024
    DISTRIBUTED for Conference of 12/6/2024.
  3. Nov 06 2024
    Waiver of right of respondent Tim Hooper, Warden, Louisiana State Penitentiary to respond filed.
  4. Oct 21 2024
    Petition for a writ of certiorari filed. (Response due November 22, 2024)