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Jimmy Davis, Jr. v. Greg Lovelace, Commissioner, Alabama Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-14671 · judgment October 30, 2024


1%
estimated cert probability
(petition-stage, structural)

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether jury hesitation to impose the death penalty, such as in this case where five jurors initially voted for life despite the jury not knowing any of the compelling mitigation evidence trial counsel failed to investigate or present, must be considered in the evaluation of the prejudice prong of the ineffective assistance of counsel test set forth in Strickland v. Washington, 466 U. S. 668 (1984), as some circuits have held in conflict with the decision of the Eleventh Circuit.

  2. Whether the Eleventh Circuit’s determination that petitioner’s trial counsel’s deficient performance did not prejudice him conflicts with Rompilla v. Beard, 545 U. S. 374 (2005), and Williams v. Taylor, 529 U. S. 362 (2000), where Rompilla’s facts are materially indistinguishable from those herein presented.

Counsel of record

For petitioner
Christopher M. Kise
Continental PLLC

For respondent
Henry Mitchell Johnson
Alabama Atty General

Case

Conference history

Linked docket
25A1168

Proceedings

  1. Aug 14 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2026.
  2. Aug 13 2026
    Motion to extend the time to file a response from August 24, 2026 to September 8, 2026, submitted to The Clerk.
  3. Jul 08 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2026. See Rule 30.1.
  4. Jul 06 2026
    Motion to extend the time to file a response from July 23, 2026 to August 22, 2026, submitted to The Clerk.
  5. Jun 18 2026
    Petition for a writ of certiorari filed. (Response due July 23, 2026)
  6. Apr 24 2026
    Application (25A1168) granted by Justice Thomas extending the time to file until June 19, 2026.
  7. Apr 21 2026
    Application (25A1168) to extend the time to file a petition for a writ of certiorari from May 20, 2026 to July 19, 2026, submitted to Justice Thomas.