No. 25-7609October Term 2025Before Arguments
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.
- 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.
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.
Related cases




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
- Method
- Methodology