Firm Files Cert. Petition Asking Supreme Court to Resolve Circuit Split on Issue Preventing Death Row Prisoner’s Appeal
On Monday, Daniel and Kevin filed the Cert. Petition on behalf of petitioner Lance Shockley, asking the Supreme Court to resolve a 5 to 4 circuit split over whether he is entitled to appeal the district court’s denial of federal habeas claims given Judge Jane L. Kelly’s vote to permit the appeal to proceed. Four circuits would agree with the Eighth Circuit that his application to appeal must be denied; four others would have granted his application to appeal in this circumstance. The case is Shockley v. Vandergriff, No. 24-517.