Supreme Court of the United States · Official docket →
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
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
- Oct 05 2026Petition DENIED.
- Aug 05 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 29 2026Waiver of right of respondent Bennie Thorpe, et al. to respond filed.
- Jul 06 2026Petition for a writ of certiorari filed. (Response due August 10, 2026)
- Apr 28 2026Application (25A1184) granted by Justice Sotomayor extending the time to file until July 6, 2026.
- Apr 23 2026Application (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.