Supreme Court of the United States · Official docket →
James E. Durham v. Warden, Pendleton Correctional Facility
IFP petition · United States Court of Appeals for the Seventh Circuit, No. 21-3151 · judgment April 7, 2026
Pending
Questions presented
- Whether the SEVENTH CIRCUIT COURT expressly declined to decide whether the state court actual reasons for denying relief was an “ unreasonable application of clearly established law” under 28 U.S.C. 2254 (d), as a federal court of last resort, has decided an important federal question in a way that conflicts with two decisions of the United States Supreme Court. 2. Whether the decision by the SEVENTH CIRCUIT COURT OF APPEALS is in conflict with United States Supreme Court precedent Strickland v. Washington, 466 U.S. 668 (1984) and its progeny, and Bouie v. City of Columbia, 378 U.S. 347 (1964), and its progeny?
Counsel of record
For petitioner
James E. Durham
For respondent
James Allen Barta
Office of the Indiana Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 27 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 25 2026Waiver of right of respondent Warden to respond filed.
- Apr 29 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2026)