Supreme Court of the United States · Official docket →
Lairon Graham v. United States
IFP petition · United States Court of Appeals for the Second Circuit, No. 24-292 · judgment April 21, 2025
Questions presented
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Whether the right to due process on appeal is violated where, despite a criminal defendant-appellant’s repeated invocations of the party presentation principle, an appellate court relies on a dispositive legal argument that was not presented by the government.
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Whether, as an alternative to deciding the first question presented, the Court should grant certiorari, vacate the Second Circuit judgment, and remand the case in light of the recent party-presentation-related order in Clark v. Sweeney, 607 U.S. ----, 2025 WL 3260170 (2025).
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Whether, as some circuit courts have held, a general appeal waiver set forth in a signed plea agreement does not apply to appellate claims of ineffective assistance of counsel, or whether, as the Second Circuit assumed in this case, and as other circuits have previously determined, appeal waivers that do not mention ineffective assistance of counsel claims may be interpreted to preclude such claims on appeal.
Counsel of record
For petitioner
Lucas Arment Anderson
Rothman, Schneider, Soloway & Stern, LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jul 31 2026Judgment Issued.
- Jun 29 2026Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hunter v. United States, 608 U. S. ___ (2026).
- Jun 22 2026DISTRIBUTED for Conference of 6/25/2026.
- Feb 19 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 17 2026Reply of petitioner Lairon Graham filed. (Distributed)
- Feb 02 2026Memorandum of respondent United States filed.
- Dec 31 2025Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2026.
- Dec 30 2025Motion to extend the time to file a response from January 2, 2026 to February 2, 2026, submitted to The Clerk.
- Nov 26 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2026)
- Oct 17 2025Application (25A313) granted by Justice Sotomayor extending the time to file until November 28, 2025.
- Oct 08 2025Application (25A313) to extend further the time from October 29, 2025 to November 28, 2025, submitted to Justice Sotomayor.
- Sep 19 2025Application (25A313) granted by Justice Sotomayor extending the time to file until October 29, 2025.
- Sep 11 2025Application (25A313) to extend the time to file a petition for a writ of certiorari from September 29, 2025 to October 29, 2025, submitted to Justice Sotomayor.