Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Pearson v. Winston

Petition for certiorari denied on February 25, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-492 4th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Fourth Circuit created an impermissible end-run around Harrington v. Richter, Cullen v. Pinholster, and the Antiterrorism and Effective Death Penalty Act by holding that a state court’s merits determination is not an “adjudication on the merits” whenever the state prisoner later presents the federal court with new material evidence and the state court decided the ineffective assistance claim without an evidentiary hearing and (2) whether the Fourth Circuit wrongly ignored 28 U.S.C. § 2254(d) and Strickland v. Washington in concluding as a de novo matter, and contrary to the Virginia Supreme Court and Strickland, that trial counsel were ineffective for deciding not to argue mental retardation at sentencing?

SCOTUSblog Coverage

DateProceedings and Orders
Oct 17 2012Petition for a writ of certiorari filed. (Response due November 21, 2012)
Nov 7 2012Order extending time to file response to petition to and including December 21, 2012.
Dec 21 2012Brief of respondent Leon J. Winston in opposition filed.
Dec 21 2012Motion for leave to proceed in forma pauperis filed by respondent Leon J. Winston.
Dec 28 2012Reply of petitioner Eddie L. Pearson, Warden filed. (Distributed)
Jan 2 2013DISTRIBUTED for Conference of January 18, 2013.
Feb 4 2013DISTRIBUTED for Conference of February 15, 2013.
Feb 19 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Feb 25 2013Petition DENIED.
 
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