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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


Certiorari denied · January 13, 2025
Pre-decision estimate: 4% cert probability

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. Jan 13 2025
    Petition DENIED.
  2. Dec 04 2024
    DISTRIBUTED for Conference of 1/10/2025.
  3. Nov 29 2024
    Waiver of right of respondent United States to respond filed.
  4. Nov 12 2024
    Petition for a writ of certiorari filed. (Response due December 16, 2024)