No. 18-5063

Charles Byers v. United States

Lower Court: Fourth Circuit
Docketed: 2018-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: class-decision counsel-notification criminal-procedure-appeal-rights due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel mandate-recall profitt-v-united-states recall-mandate right-to-appeal supreme-court-review wilkins-precedent wilkins-v-united-states
Key Terms:
HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (from Petition)

Whether the Fourth Circuit erred In denying Petitioner's Motion To Recall Mandate When Counsel Failed to Notify Him of his Right to seek review from the Supreme Court in violation of this Court's decision in Wilkins v United States, 441 U.S 468 (1979) and its own precedence. See Profitt v. United States, 549 F.2d 910, 912 (4th Cir. 1.76)(remanding 2255 claim alleging failure to advise of rightto petition fOr certiorari).

Whether this Fourth Circuit erred in denying Petitioner's motion. to recall mandate when it overlooked this Court's recent decision in Class v. United States, No. 16-424 (2018).

Question Presented (AI Summary)

Whether the Fourth Circuit erred in denying Petitioner's Motion to Recall Mandate When Counsel Failed to Notify Him of his Right to seek review from the Supreme Court in violation of this Court's decision in Wilkins v United States, 441 U.S 468 (1979) and its own precedence

Docket Entries

2018-10-01
Petition DENIED.
2018-07-12
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2018-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)

Attorneys

Charles Byers
Charles Byers — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent