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Corey Duran Berry v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 25-12042 · judgment February 18, 2026
Question presented
Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), an appeal may not be taken from a final order in a federal habeas proceeding unless a circuit judge or justice issues a “certificate of appealability” (COA). 28 U.S.C. § 2253(c)(1). A COA may issue only if the prisoner makes a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). To do so, the prisoner must show that “reasonable jurists could debate” whether the petition should have been resolved in a different manner. Slack v. McDaniel, 529 U.S. 473, 484 (2000). The question presented is: Whether a certificate of appealability under 28 U.S.C. § 2253 should be granted where the issue that the petitioner seeks to raise on appeal has been resolved against him by binding circuit precedent but has been resolved in his favor by another circuit.
Counsel of record
For petitioner
Andrew Lee Adler
Federal Public Defender's Office
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage
Proceedings
- Aug 05 2026Supplemental brief of petitioner Corey Berry filed.
- Jun 22 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 03 2026DISTRIBUTED for Conference of 6/18/2026.
- Jun 02 2026Reply of petitioner Corey Duran Berry filed. (Distributed)
- May 29 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 27 2026Brief of respondent United States in opposition filed.
- May 08 2026Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- May 08 2026Brief amicus curiae of Former Federal Judges filed.
- Apr 21 2026Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2026.
- Apr 20 2026Motion to extend the time to file a response from May 8, 2026 to May 27, 2026, submitted to The Clerk.
- Apr 08 2026Response Requested. (Due May 8, 2026)
- Apr 02 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 25 2026Waiver of right of respondent United States to respond filed.
- Mar 10 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2026)