Supreme Court of the United States · Official docket →
Chadwick Dotson, Director, Virginia Department of Corrections v. Justin Michael Wolfe
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-6840 · judgment July 7, 2025
Certiorari denied · April 20, 2026
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the “new” evidence required to make an actual-innocence claim under Schlup v. Delo, 513 U.S. 298 (1995), includes only newly discovered evidence that was not available at the time of trial or broadly includes all evidence that was not presented to the factfinder during trial.
Counsel of record
For petitioner
Kevin Michael Gallagher
Virginia Office of the Attorney General
For respondent
William Thomas Marks
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Proceedings
- Apr 20 2026Petition DENIED.
- Mar 25 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 23 2026Reply of petitioner Chadwick Dotson, Director, Virginia Department of Corrections filed. (Distributed)
- Mar 09 2026Brief of respondent Justin M. Wolfe in opposition filed.
- Jan 30 2026Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2026.
- Jan 29 2026Motion to extend the time to file a response from February 6, 2026 to March 9, 2026, submitted to The Clerk.
- Dec 15 2025Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2026.
- Dec 12 2025Motion to extend the time to file a response from January 7, 2026 to February 6, 2026, submitted to The Clerk.
- Dec 04 2025Petition for a writ of certiorari filed. (Response due January 7, 2026)
- Oct 01 2025Application (25A368) granted by The Chief Justice extending the time to file until December 4, 2025.
- Sep 26 2025Application (25A368) to extend the time to file a petition for a writ of certiorari from October 5, 2025 to December 4, 2025, submitted to The Chief Justice.