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Patrick Emanuel Sutherland v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-7566 · judgment May 31, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing one or two dissents, and a Fourth Circuit decision below.
Questions presented
This petition presents the following questions for certiorari review:
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Whether, in conflict with the opinion of this Court, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conviction remedy of a writ of coram nobis.
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Whether the dearth of this Court’s decisions regarding the post-conviction remedy of a writ of coram nobis has resulted in ambiguity in its scope.
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Whether, in conflict with the decisions of other United States Courts of Appeals, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conviction remedy of a writ of coram nobis.
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Whether the United States Court of Appeals for the Fourth Circuit has so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power because it ruled that appellants are required to raise in their opening briefs issues that were not addressed nor ruled upon by the District Court or suffer affirmance based upon the doctrine of waiver.
Counsel of record
For petitioner
Amber Eve Donner
Gainor & Donner
For respondent
Elizabeth B. Prelogar
Solicitor 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, January 13, 2025 · Certiorari denied
Proceedings
- Jan 13 2025Petition DENIED.
- Dec 04 2024DISTRIBUTED for Conference of 1/10/2025.
- Nov 29 2024Waiver of right of respondent United States to respond filed.
- Nov 12 2024Petition for a writ of certiorari filed. (Response due December 16, 2024)