No. 18-5125
Kenneth Lee Foster v. United States
Response WaivedIFP
Tags: 28-usc-2255 civil-procedure due-process fair-trial federal-rules federal-rules-of-civil-procedure habeas-corpus ineffective-assistance-of-counsel judicial-review legal-remedy procedural-error prosecutorial-misconduct rule-60(b)
Latest Conference:
2018-09-24
Question Presented (from Petition)
Whether Petitioner was deprived of a fair opportunity to seek relief through 28 U.S.C. § 2255 and whether Rule 60(b) of the Federal Rules of Civil Procedure provides the proper legal remedy for the deprivation that Petitioner suffered.
Whether it is incumbent upon the judiciary to address and resolve clear legal errors that have resulted in an unfair deprivation of a defendant's liberty rather than to allow the error to stand based purely on procedural grounds.
Question Presented (AI Summary)
Whether Petitioner was deprived of a fair opportunity to seek relief through 28 U.S.C. § 2255 and whether Rule 60(b) of the Federal Rules of Civil Procedure provides the proper legal remedy for the deprivation that Petitioner suffered
Docket Entries
2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)
Attorneys
Kenneth Foster
Kenneth Lee Foster — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent