No. 25-7622October Term 2025Before Arguments
Garry Artis Yarborough v. Leslie Cooley Dismukes, Secretary, North Carolina Department of Adult Correction
from the United States Court of Appeals for the Fourth 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 Fourth Circuit.
Question presented
Whether the Fourth Circuit Court of Appeal ’ s departed from the "accepted and usual course of judicial proceedings," Supreme Court Rule 10 (a) in a manner warranting this Courts supervisory review, by denying a certificate of appealability (COA) in a one- paragraph, unpublished per curiam order that neither engaged Petitioner ’ s substantial constitutional questions and record evidence, thereby effectively applying a more stringent standard than that required by this Court ’ s precedents, nor applied this Court ’ s " relatively low" threshold requiring only that reasonable jurists could debate the district court ’ s resolution, as articulated in Miller- El v. Cockrell, 537 U.S. 322, 336-37 (2003), Slack v. McDaniel, 529 U.S. 473 (2000), and Buck v Davis, 580 U.S. 100 (201?
- Case path
United States Court of Appeals for the Fourth Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
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
Garry Artis Yarborough asks the Supreme Court to review a Fourth Circuit order that denied him a certificate of appealability (permission to appeal constitutional claims). He says the court used a tougher test than Supreme Court precedent allows and gave almost no explanation.
Argument
The case is pending, and oral argument has not been scheduled. The petition argues the Fourth Circuit denied a certificate of appealability in a one-paragraph order and failed to apply the Court's "relatively low" standard.
Impact
The case could affect how much explanation federal appeals courts must give when they refuse to let constitutional claims move forward. For example, someone with debatable claims could lose appellate review if a court rejects a certificate in a brief, unpublished order.
What is Yarborough v. Dismukes about?
It asks whether the Fourth Circuit wrongly denied a certificate of appealability with a one-paragraph unpublished order. The petition says that order ignored the Supreme Court's lower threshold for debatable claims.
Who could be affected if the Court takes this case?
People seeking appellate review of rejected constitutional claims could be affected. A stricter or unexplained certificate standard can block further review even when reasonable judges might disagree.
What happens next in Garry Artis Yarborough v. Dismukes?
The justices first decide whether to hear the petition. 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
- Aug 2, 2026
- Method
- Methodology