No. 25-7026
Corey Duran Berry v. United States
Tags: AEDPA certificate-of-appealability circuit-precedent constitutional-right habeas-corpus substantial-showing
Latest Conference:
N/A
Question Presented (from Petition)
Whether a certificate of appealability under 28 U.S.C. § 2253 should be granted where the issue that the petitioner seeks to raise on appeal has been resolved against him by binding circuit precedent but has been resolved in his favor by another circuit.
Question Presented (AI Summary)
Whether a certificate of appealability under 28 U.S.C. § 2253 should be granted where the issue that the petitioner seeks to raise on appeal has been resolved against him by binding circuit precedent but has been resolved in his favor by another circuit
Docket Entries
2026-04-08
Response Requested. (Due May 8, 2026)
2026-04-02
DISTRIBUTED for Conference of 4/17/2026.
2026-03-25
Waiver of United States of America of right to respond submitted.
2026-03-25
Waiver of right of respondent United States of America to respond filed.
2026-03-25
Waiver of right of respondent United States to respond filed.
2026-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2026)
Attorneys
Corey Berry
Andrew Lee Adler — Federal Public Defender's Office, Petitioner
United States of America
D. John Sauer — Solicitor General, Respondent