No. 24-6837

Katie Garding v. Montana Department of Corrections

Lower Court: Ninth Circuit
Docketed: 2025-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction criminal-judgment custody-challenge federal-relief habeas-corpus state-court
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Whether a federal appellate court has jurisdiction to consider an appeal from a grant of federal habeas relief after a state court's vacatur of the underlying criminal judgment, and release of the petitioner from custody, during the pendency of that appeal

Question Presented (from Petition)

is: Whether a federal appellate court has jurisdiction to consider an appeal from a grant of federal habeas relief after a state court’s vacatur of the underlying criminal judgment, and release of the petitioner from custody, during the pendency of that appeal . *** The second question presented is: Whether defense counsel render s deficient performance under Strickland v. Washington by failing to consult and call an expert witness who would have proved her client’s factual innocence . *** A federal appellate court errors by reversing a federal district court’s grant of habeas relief and leaving a claim raised by the petitioner unadjudicated. Corcoran v. Levenhagen , 558 U.S. 1, 2 (2009) (per curiam). The third question presented is: Whether the Ninth Circuit erred by failing to remand for consideration of Garding ’s stand -alone, unadjudicated claim that she was in custody in violation of the Fourteenth Amendment .

Docket Entries

2025-04-21
Petition DENIED.
2025-04-02
DISTRIBUTED for Conference of 4/17/2025.
2025-03-31
Waiver of Montana Department of Corrections of right to respond submitted.
2025-03-31
Waiver of right of respondent Montana Department of Corrections to respond filed.
2025-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 23, 2025)
2025-01-14
Application (24A680) granted by Justice Kagan extending the time to file until March 24, 2025.
2025-01-07
Application (24A680) to extend the time to file a petition for a writ of certiorari from January 23, 2025 to March 24, 2025, submitted to Justice Kagan.

Attorneys

Katie Garding
Erie Larson PhillipsCrowley Fleck PLLP, Petitioner
Erie Larson PhillipsCrowley Fleck PLLP, Petitioner
Montana Department of Corrections
Roy Lindsay BrownMontana Attorney General's Office, Respondent
Roy Lindsay BrownMontana Attorney General's Office, Respondent