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Edward S. Phillips v. Matthew Plummer, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 25-1393 · judgment April 29, 2026


Certiorari denied · October 5, 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.

Question presented

Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), when a habeas corpus petitioner seeks to initiate an appeal of the dismissal of a habeas corpus petition, the right to appeal is governed by the certificate of appealability (COA) requirements found at 28 U. S. C. § 2253(c). In Slack v. McDaniel, 529 U. S. 473 (2000), this Court held: “Where a district court has rejected the constitutional claims on the merits, the showing required to satisfy § 2253(c) is straightforward: The petitioner must demonstrate that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Id., at 484. The principal question presented is whether the Seventh Circuit has so far departed from the rule of law established in Slack, and/or sanctioned such a departure from this rule of law by the Southern District of Illinois, as to call for an exercise of this Court’s supervisory power, per S. Ct. R. 10(a).

Counsel of record

For petitioner
Nancy Lynne Vincent
Office of the State Appellate Defender

For respondent
—

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 09 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 24 2026
    Petition for a writ of certiorari filed. (Response due August 28, 2026)