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Lance Shockley v. David Vandergriff, Warden
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 24-1024 · judgment April 2, 2024
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and an Eighth Circuit decision below, and down for a state or local-government respondent.
Question presented
The federal courts of appeals are deeply divided 5 to 4 over whether a state prisoner has the right to appeal the denial of his federal habeas petition if at least one circuit judge votes to grant appellate review. This capital case petition seeks plenary review of the following question to resolve that entrenched circuit split or, alternatively, an order granting a certificate of appealability so petitioner may appeal the denial of his substantial Strickland v. Washington claims to the Eighth Circuit: Did the Court of Appeals err in denying petitioner’s application, over dissent, to appeal the denial of his Sixth Amendment ineffective assistance of counsel claims?
Counsel of record
For petitioner
Daniel Hirotsu Woofter
Russell & Woofter LLC
For respondent
Michael Joseph Spillane
Attorney General's Office
Argument & decision
Decided March 31, 2025.
Proceedings
- Apr 28 2025Rehearing DENIED.
- Apr 09 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 01 2025Petition for Rehearing filed.
- Mar 31 2025Petition DENIED. Justice Sotomayor, with whom Justice Jackson joins, dissenting from the denial of certiorari. (Detached Opinion)
- Mar 24 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 17 2025DISTRIBUTED for Conference of 3/21/2025.
- Mar 03 2025DISTRIBUTED for Conference of 3/7/2025.
- Feb 12 2025DISTRIBUTED for Conference of 2/28/2025.
- Feb 07 2025Electronic record received from the U.S. District Court for the Eastern District of Missouri.
- Jan 15 2025Record received from the U.S. Court of Appeals for the 8th Circuit (one folder).
- Dec 30 2024Record Requested.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 17 2024Reply of petitioner Lance Shockley filed. (Distributed)
- Dec 04 2024Brief amicus curiae of National Association for Public Defense filed.
- Dec 04 2024Brief of respondent David Vandergriff in opposition filed.
- Nov 04 2024Petition for a writ of certiorari filed. (Response due December 6, 2024)
- Aug 29 2024Application (24A216) granted by Justice Kavanaugh extending the time to file until November 4, 2024.
- Aug 26 2024Application (24A216) to extend the time to file a petition for a writ of certiorari from September 5, 2024 to November 4, 2024, submitted to Justice Kavanaugh.