No. 20-6416

Devon M. Byrd v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2020-11-24
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights due-process qualified-immunity standing takings-clause
Latest Conference: 2021-01-22
Question Presented (from Petition)

Does Martinez v. Ryan bar procedurally defaulted substantial ineffective assistance of counsel claims under 28 U.S.C. § 2254(d)?

Are the precedents in the Fourth Circuit, as set forth in Rodney v. Filson, 916 F.3d 1254 (2019), consistent with Martinez v. Ryan?

Question Presented (AI Summary)

Whether the court erred in dismissing petitioner's claims under the Takings Clause and Due Process Clause

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Devon M. Byrd
Devon M. Byrd — Petitioner