No. 25A390

John Elwood Tyrone Martin v. United States

Lower Court: Fourth Circuit
Docketed: 2025-10-03
Status: Presumed Complete
Type: A
Tags: appellate-review guilty-plea ineffective-counsel mandate-rule resentencing withdrawal
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (AI Summary)

Whether the mandate rule permits federal appellate courts to review motions to withdraw guilty pleas filed after a case is remanded for resentencing

Question Presented (OCR Extract)

by his appeal were not previously considered by the Fourth Circuit. See Ex. A at 2-3. 7. This case presents an important question about application of the mandate rule in the district courts and federal appellate courts, one which the Fourth Circuit answered incorrectly by dismissing Mr. Martin’s appeal. 8. Moreover, Mr. Martin has paid close attention to his case and gone to great lengths to preserve issues for appellate review, including with pro se filings designed to preserve his rights and flag issues for the appellate courts. See 4th Cir. No. 24-4433, DE 27 at 13. Besides being an incorrect application of the mandate rule, it was contrary to the interests of justice for the Fourth Circuit to summarily di

Docket Entries

2025-10-06
Application (25A390) granted by The Chief Justice extending the time to file until November 14, 2025.
2025-09-23
Application (25A390) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to The Chief Justice.

Attorneys

John Elwood Tyrone Martin
Michelle Ann LiguoriEllis & Winters LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent