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Bradley Lane Croft v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50634, 25-50816, 25-50957, 25-50961 · judgment June 29, 2026
Questions presented
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Whether the Fifth Circuit contravened the threshold rule of Slack, Miller-El, Tennard, and Buck by denying a certificate of appealability on a preserved Strickland failure-to-investigate claim after the district court resolved disputed factual explanations on paper and assessed prejudice under a broad-deceit rationale without reconciling the post-Dubin identity-specific "who/crux" theory governing the count at issue.
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Whether 28 U.S.C. § 2253(c)(1)(B) permits a court of appeals to require a certificate of appealability for an appeal from a separately adjudicated, noncustodial criminal-forfeiture order that the district court itself treated as outside the scope of § 2255.
Counsel of record
For petitioner
Bradley Lane Croft
For respondent
D. John Sauer
Solicitor 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 21 2026Waiver of right of respondent United States to respond filed.
- Aug 14 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2026)