No. 25A206

Arthur Fayne v. United States

Lower Court: Sixth Circuit
Docketed: 2025-08-21
Status: Presumed Complete
Type: A
Tags: effective-assistance-of-counsel material-misrepresentation non-victim-compensation pro-se-representation restitution right-to-defense
Key Terms:
JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

1. The Sixth Circuit issued its ruling in this case on May 21, 2025, just one day before this Court decided Kousisis v. United States, which directly addresses and potentially undercuts the "material misrepresentation" theory applied in my case.

2. Whether restitution can be awarded to non-victims absent proof of actual loss or a claim for restitution.

3. Whether exclusion of key defense evidence — including sworn statements from the alleged victim — violated the constitutional right to present a complete defense.

4. Whether Petitioner received ineffective assistance of counsel at trial and on appeal, including counsel's failure to introduce critical exculpatory evidence, the late submission of an expert forensic report, and delays in providing case files — circumstances that have now forced Petitioner to proceed pro se before this Court.

Question Presented (AI Summary)

Whether a criminal defendant can seek post-conviction relief based on a supervening Supreme Court decision that undermines the legal theory supporting their conviction

Docket Entries

2025-08-22
Application (25A206) granted by Justice Kavanaugh extending the time to file until October 18, 2025.
2025-08-13
Application (25A206) to extend the time to file a petition for a writ of certiorari from August 19, 2025 to October 18, 2025, submitted to Justice Kavanaugh.

Attorneys

Arthur Fayne
Arthur Fayne — Petitioner
United States
D. John SauerSolicitor General, Respondent