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Joshua Eric Hawk Clark v. Burl Cain, Commissioner, Mississippi Department of Corrections

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-60126 · judgment August 8, 2025


Certiorari denied · January 12, 2026
Pre-decision estimate: 3% cert probability

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

Question presented

Under the law of Mississippi, in all civil cases, a judge performs the gatekeeping function of determining the reliability of scientific evidence before that evidence can be presented to a jury. In this criminal case, however, the Mississippi Supreme Court upheld Petitioner Joshua Clark’s conviction for murder and forty (40) year mandatory sentence, even though the trial judge had expressly declined to perform this gatekeeping function and had ruled that the issue of reliability of scientific evidence was a question for the jury. The Mississippi Supreme Court refused to hear Petitioner’s Fourteenth Amendment challenge to this discrimination. The United States District Court for the Northern District of Mississippi held habeas corpus relief is not available for such a claim. A single judge on the Fifth Circuit Court of Appeals denied a Certificate of Appealability without giving a reason. The Question Presented is as follows: Did the Court of Appeals erroneously deny Petitioner Joshua Clark a Certificate of Appealability on his Fourteenth Amendment claims even though Petitioner established that: (a) in all civil cases, a trial judge is required to act as a gatekeeper to determine the reliability of scientific evidence before that evidence can be received; (b) in Joshua Clark’s criminal case, the trial judge refused to determine reliability of scientific evidence; and (c) the evidence in Joshua Clark’s criminal case was uncontradicted that Shaken Baby Syndrome is not a scientifically reliable diagnosis?

Counsel of record

For petitioner
Jim Waide
Waide & Associates, P.A.

For respondent
Jerrolyn Martin Owens
Mississippi Attorney General's

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 03 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Nov 24 2025
    Waiver of right of respondent Cain, Comm'r, MS DOC to respond filed.
  4. Nov 06 2025
    Petition for a writ of certiorari filed. (Response due December 17, 2025)