Supreme Court of the United States · Official docket →
Bryan Porras v. Dexter Payne, Director, Arkansas Division of Correction
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 26-1208 · judgment March 17, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether, for purposes of 28 U.S.C. § 2244(d)(1)(A), a state criminal judgment becomes final upon expiration of the ninety-day period for seeking a writ of certiorari in the United States Supreme Court when the petitioner’s direct appeal concluded in an intermediate state appellate court and discretionary review in the state’s highest court was available but not sought.
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Whether a certificate of appealability should issue where reasonable jurists could debate the proper interpretation of § 2244(d)(1)(A), the applicability of this Court’s finality jurisprudence, and the availability of equitable tolling under AEDPA.
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Whether equitable tolling is available where a petitioner diligently pursued his rights and the timeliness dispute arose from reasonable uncertainty concerning the interaction of state discretionaryreview procedures and AEDPA’s finality provisions.
Counsel of record
For petitioner
Robert L. Sirianni Jr.
Brownstone, P.A.
For respondent
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Proceedings
- Aug 14 2026Petition for a writ of certiorari filed. (Response due September 18, 2026)
- Jun 03 2026Application (25A1350) granted by Justice Kavanaugh extending the time to file until August 14, 2026.
- Jun 01 2026Application (25A1350) to extend the time to file a petition for a writ of certiorari from June 15, 2026 to August 14, 2026, submitted to Justice Kavanaugh.