No. 20-1233

Johnny Gatewood v. United States

Lower Court: Sixth Circuit
Docketed: 2021-03-08
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: cause-exception circuit-precedent due-process habeas-corpus ineffective-assistance-of-counsel legal-cause petitioner-rights procedural-default supreme-court-precedent
Key Terms:
HabeasCorpus Patent JusticiabilityDoctri
Latest Conference: 2021-06-17
Question Presented (AI Summary)

Whether cause exists to excuse a habeas petitioner's procedural default when near-unanimous circuit precedent foreclosed the petitioner's claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether cause exists to excuse a habeas petitioner’s procedural default when near-unanimous circuit precedent foreclosed the petitioner’s claim. 2. Whether cause exists to excuse a habeas petitioner’s procedural default when this Court explicitly overrules one of its precedents. (i)

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-06-01
Reply of petitioner Johnny Gatewood filed. (Distributed)
2021-05-27
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-21
Brief of respondent United States in opposition filed.
2021-04-29
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2021.
2021-04-27
Motion to extend the time to file a response from May 7, 2021 to May 21, 2021, submitted to The Clerk. (Corrected letter received 4/29/21)
2021-04-07
Brief amicus curiae of Americans for Prosperity Foundation filed.
2021-04-07
Brief amici curiae of Center on the Administration of Criminal Law at NYU School of Law filed.
2021-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 7, 2021.
2021-03-31
Motion to extend the time to file a response from April 7, 2021 to May 7, 2021, submitted to The Clerk.
2021-03-02
Petition for a writ of certiorari filed. (Response due April 7, 2021)

Attorneys

Americans for Prosperity Foundation
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Center on the Administration of Criminal Law at NYU School of Law
Mark W. MosierCovington & Burling, LLP, Amicus
Johnny Gatewood
Neal Kumar KatyalHogan Lovells US LLP, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent