Supreme Court of the United States · Official docket →
Robert Michael Fall v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 24-6577 · judgment February 23, 2026
Questions presented
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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.
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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
- Aug 13 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 10 2026Waiver of right of respondent United States to respond filed.
- Jul 21 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2026)