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Teresa Miller v. Officer Helms, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-1718 · judgment August 18, 2025


Certiorari denied · January 26, 2026
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Did the Fourth Circuit’s affirmance (Case No. 24-1718) of the Northern District of West Virginia’s dismissal (Case No. l:23-CV-26) of a 42 U.S.C. § 1983 claim as untimely, despite the vacatur of the underlying conviction on November 29, 2022, misapply Heck v. Humphrey, 512 U.S. 477 (1994), by failing to recognize that the claim, based on an illegal search and seizure, accrued at vacatur, reflecting prejudice against petitioner’s pro se filings and conflicting with other circuits’ accrual rules?

  2. Did the Fourth Circuit err in affirming the denial of petitioner’s motion for a change of venue under 28 U.S.C. § 1404 and refusal to facilitate attorney representation in the Fourth Circuit and Northern District of West Virginia, despite evidence of prejudice against pro se filings by the district and appellate judges, necessitating representation in these jurisdictions, or alternatively outside, to ensure impartial adjudication?

Counsel of record

For petitioner
Teresa Miller

For respondent
Keith C. Gamble
Pullin, Fowler, Flanagan, Brown & Poe, PLLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 23 2026
    Rehearing DENIED.
  2. Mar 04 2026
    DISTRIBUTED for Conference of 3/20/2026.
  3. Feb 06 2026
    Petition for Rehearing filed.
  4. Jan 26 2026
    Petition DENIED.
  5. Jan 07 2026
    DISTRIBUTED for Conference of 1/23/2026.
  6. Dec 22 2025
    Waiver of right of respondents Officer Helms and Officer Bradford to respond filed.
  7. Sep 03 2025
    Petition for a writ of certiorari filed. (Response due December 22, 2025)