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Robert Michael Fall v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 24-6577 · judgment February 23, 2026


Pending

Questions presented

  1. Whether a court of appeals may deny a certificate of appealability under 28 U.S.C. § 2253(c) solely because circuit precedent forecloses the claim, even though other courts have reached the opposite constitutional conclusion and the certificate would permit review of a denied evidentiary hearing rather than immediate merits relief.

  2. Whether Strickland v. Washington's presumption of reasonable strategy may be applied, without an evidentiary hearing under 28 U.S.C. § 2255(b), to an omission that counsel's own sworn statement attributes to a failure to investigate rather than to an informed tactical choice.

Counsel of record

For petitioner
Robert Michael Fall

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 13 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 10 2026
    Waiver of right of respondent United States to respond filed.
  3. Jul 21 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2026)