WALL v. KISER

No. 19-6524.

21 F.4th 266 (2021)

Gary WALL, Petitioner-Appellant, v. Warden Jeffrey KISER, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 27, 2021.


Attorney(s) appearing for the Case

ARGUED: Lauren Elizabeth Bateman , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Jessica Merry Samuels , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: Erica Hashimoto , Director, Nicolas Sansone , Supervising Attorney, Nicholas Kennedy , Student Counsel, Samuel Ruddy , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Mark R. Herring , Attorney General, Victoria N. Pearson , Deputy Attorney General, Richard C. Vorhis , Senior Assistant Attorney General, Toby J. Heytens , Solicitor General, Martine E. Cicconi , Deputy Solicitor General, Michelle S. Kallen , Deputy Solicitor General, Zachary R. Glubiak , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge RICHARDSON joined. Judge GREGORY wrote a dissenting opinion.


In his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254, a stateconvicted inmate seeks to apply retroactively a federal procedural rule first announced in 2019 to overturn the result of his state disciplinary proceedings that took place in 2015. The question that this appeal presents is whether the...

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