Supreme Court Report

Supreme Court of the United States · Official docket →

Marion Alexander Lindsey v. South Carolina

Paid petition · Supreme Court of South Carolina, No. 2019-001271 · judgment November 5, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below, and down for a state or local-government respondent.

Questions presented

  1. Whether courts evaluating ineffective-assistance-of-counsel claims may evaluate only each error in isolation—or whether they are obligated to consider the prejudice resulting from the cumulative effect of counsel’s deficiencies.

  2. Whether a trial court’s wholesale adoption in a capital case of the State’s proposed order without providing any judicial guidance or substantive change violates the Due Process Clause or Eighth Amendment.

Counsel of record

For petitioner
Paul Whitfield Hughes
McDermott Will & Schulte LLP

For respondent
Melody Jane Brown
South Carolina Attorney General's Office

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
25A846

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jul 15 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 14 2026
    Reply of petitioner Marion Lindsey filed. (Distributed)
  4. Jun 29 2026
    Brief of respondent South Carolina in opposition filed.
  5. May 11 2026
    Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2026.
  6. May 08 2026
    Motion to extend the time to file a response from May 14, 2026 to June 29, 2026, submitted to The Clerk.
  7. Apr 03 2026
    Petition for a writ of certiorari filed. (Response due May 14, 2026)
  8. Jan 27 2026
    Application (25A846) granted by The Chief Justice extending the time to file until April 3, 2026.
  9. Jan 21 2026
    Application (25A846) to extend the time to file a petition for a writ of certiorari from February 3, 2026 to April 3, 2026, submitted to The Chief Justice.