Supreme Court of the United States · Official docket →
Mark Alan Winger v. Justin Maher, Warden
IFP petition · United States Court of Appeals for the Seventh Circuit, No. 21-1592 · judgment April 30, 2026
Certiorari denied · October 13, 2026
Question presented
- Whether a reviewing court making an assessment of counsel's conduct following a petitioner's claim that his Sixth Amend ment right to effective assistance of counsel was violated when counsel failed to request a "Frye" hearing to seek to challenge/ limit/ exclude/ and/or strike the blood stain pattern analysis testimony of the State's purported expert in the field of blood stain pattern analysis/ should consider only the State's precedent decisions which formed the state of the law at the time of counsel's challenged conduct; and/ should not exclude from consideration any of the State's prec edent decisions that either do not/ or because they do not/ conform favorably to the state of the law as it evolved after counsel's challenged conduct.
Counsel of record
For petitioner
Mark A. Winger
For respondent
Katherine Marie Doersch
Office of the Illinois Attorney General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 13, 2026 · Certiorari denied
Proceedings
- Oct 13 2026Petition DENIED.
- Sep 24 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 18 2026Waiver of right of respondent Justin Maher to respond filed.
- Jul 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2026)