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No. 25-7609October Term 2025Before Arguments

Docket 25-7609October Term 2025 (2025–2026)

David E. Jackson, III, Petitioner v. Indiana Parole Board

from the United States Court of Appeals for the Seventh Circuit.

Case status

Current stage
Before Arguments
Latest event
Accepted by the Court
Decision timing
No window until argument is scheduled.
Case AcceptedUpcoming
Arguments AheadUpcoming
Decision ReleasedUpcoming
What it's about

from the United States Court of Appeals for the Seventh Circuit.

Question presented

1. Whether a court of appeals, in denying a certificate of appealability in a 28 U.S.C. § 2254 case dismissed on procedural grounds, may rely solely on the merits formula of § 2253(c)(2) without separately determining whether jurists of reason could debate the correctness of the procedural ruling — the two-step inquiiy required by Slack v. McDaniel, 529 U.S. 473 (2000), and Miller-El v. Cockrell, 537 U.S. 322 (2003). 2. Whether a federal habeas claim is "fairly presented," and any further state remedy "unavailable," for purposes of exhaustion and procedural default, when the petitioner raised all of his federal grounds through the State's only remaining vehicle — a discretionary successive-post-conviction gateway whose denial the State's highest court will not review.

Case path

United States Court of Appeals for the Seventh Circuit / Accepted by the Court

Area

Criminal Procedure

Timing

Expected by late June 2026, if argued this term

The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.

The Court does not announce decision dates in advance.Argument and decision days

Briefing

What it's about

David E. Jackson III asks the Supreme Court to review how lower courts handle a state prisoner's federal challenge to custody when the case was dismissed for process reasons. He says the Seventh Circuit should have separately asked whether reasonable judges could debate the process ruling and whether his claims were fully presented through Indiana's only remaining review path.

Impact

The case could affect how easily state prisoners get permission to appeal after a federal court rejects their claims on process grounds. For example, a prisoner who used the state's last available review path could still lose federal review if courts say the claim was not properly presented.

What is David E. Jackson, III v. Indiana Parole Board about?

It asks whether a federal appeals court used the wrong test when denying permission to appeal a habeas case dismissed for process reasons. It also asks when a claim counts as fully presented to state courts.

Who could be affected if the Court takes Jackson's case?

State prisoners seeking federal review could be affected, especially when lower courts say their claims were not properly raised in state court. The case may shape access to appeals after procedural dismissals.

What happens next in Jackson v. Indiana Parole Board?

The Court's next move is whether to act on the petition for certiorari, the request for review. No oral argument is scheduled, and no decision window is available yet.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Jul 17, 2026
Primary materials6
Context reporting3