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Anthony McCord v. Bennie Thorpe, Superintendent, Marcy Correctional Facility, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 25-2071 · judgment January 7, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a federal court of appeals, in evaluating a motion for a certificate of appealability under 28 U.S.C. § 2253(c)(2), may treat a habeas petitioner’s constitutional claim as not debatable on the ground that it is in tension with that particular circuit’s precedent, when the petitioner’s claim finds direct support in decisions of other federal courts of appeals —notwithstanding this Court’s holdings in McKnight v. General Motors Corp., 511 U.S. 659 (1994), Lozada v. Deeds, 498 U.S. 430 (1991), and Barefoot v. Estelle, 463 U.S. 880 (1983), that a claim supported by contrary authority from other courts is, by definition, “debatable among jurists of reason”?

Counsel of record

For petitioner
Alan S. Lewis
Carter Ledyard & Milburn LLP

For respondent
Leonard Joblove
Kings County District Attorney's Office

Case

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

Conference history
Distributed for 1 conference

Linked docket
25A1184

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Aug 05 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 29 2026
    Waiver of right of respondent Bennie Thorpe, et al. to respond filed.
  4. Jul 06 2026
    Petition for a writ of certiorari filed. (Response due August 10, 2026)
  5. Apr 28 2026
    Application (25A1184) granted by Justice Sotomayor extending the time to file until July 6, 2026.
  6. Apr 23 2026
    Application (25A1184) to extend the time to file a petition for a writ of certiorari from May 7, 2026 to July 6, 2026, submitted to Justice Sotomayor.