Supreme Court of the United States · Official docket →
Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction v. Kayla Jean Ayers
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-3735 · judgment August 26, 2024
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a Sixth Circuit decision below.
Question presented
A person in state custody has one year to file a habeas petition. Usually, that one year runs from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. §2244(d)(1)(A). But AEDPA restarts the clock in certain limited circumstances. Relevant here, the clock restarts when a previously undiscoverable “factual predicate” becomes discoverable to someone acting with “due diligence.” 28 U.S.C. §2244(d)(1)(D). When a prisoner obtains new support for a previously-available claim, does that mean she has a new “factual predicate” that restarts her clock?
Counsel of record
For petitioner
Thomas Elliot Gaiser
Office of the Ohio Attorney General
For respondent
Paul Whitfield Hughes
McDermott Will & Emery
Argument & decision
Decided June 6, 2025.
Proceedings
- Jun 06 2025Petition DENIED. Statement of Justice Alito, with whom Justice Thomas joins, respecting the denial of certiorari. (Detached Opinion)
- Jun 02 2025DISTRIBUTED for Conference of 6/5/2025.
- May 27 2025DISTRIBUTED for Conference of 5/29/2025.
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- Apr 23 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 22 2025Notice of supplemental authority filed by petitioner.
- Apr 21 2025Reply of petitioner Annette Chambers-Smith, Director, Ohio Department of Rehabilitation and Correction, filed. (Distributed)
- Apr 07 2025Brief of respondent Kayla Ayers in opposition filed.
- Feb 26 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 7, 2025.
- Feb 24 2025Motion to extend the time to file a response from March 7, 2025 to April 7, 2025, submitted to The Clerk.
- Jan 24 2025Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2025.
- Jan 23 2025Motion to extend the time to file a response from February 6, 2025 to March 7, 2025, submitted to The Clerk.
- Jan 07 2025Response Requested. (Due February 6, 2025)
- Dec 31 2024DISTRIBUTED for Conference of 1/17/2025.
- Dec 26 2024Waiver of right of respondent Kayla Ayers to respond filed.
- Dec 17 2024Application (24A553) referred to the Court.
- Dec 17 2024Application (24A553) to recall and stay the mandate presented to Justice Kavanaugh and by him referred to the Court is denied.
- Dec 13 2024Reply of applicant Ohio Department of Rehabilitation and Correction, Director filed.
- Dec 12 2024Response to application from respondent Kayla Ayers filed.
- Dec 05 2024Response to application (24A553) requested by Justice Kavanaugh, due by 4 p.m. (EST) on December 12, 2024.
- Dec 02 2024Application (24A553) to recall and stay the mandate, submitted to Justice Kavanaugh.
- Nov 25 2024Petition for a writ of certiorari filed. (Response due December 27, 2024)