No. 18-5202

Samuel Knowles v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-07-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability consular-notification criminal-procedure due-process extradition extradition-process international-treaty jurisdiction jurisdictional-defect
Latest Conference: 2018-09-24
Question Presented (from Petition)

Is the Eleventh Circuit Court of Appeals in error for ignoring this Courts mandates in Buck v. Davis, 137 S.Ct. 759 (2017), where this Court has determined that, where a prisoner has failed to make the ultimate showing that his claim is meritorious does not logically mean he failed to make a preliminary showing that his claim was debatable. Thus, when a reviewing court inverts the statutory order of operations and first decides the merits of an appeal. . - then justifies its denial of a C.O.A. based on its adjudication of the actual merit, it has placed too heavy a burden on the prisoner at the C.O.A. stage.

Is a District Court required to determine that it has jurisdiction to proceed, in all criminal cases, as a first issue before the Court.

When a District Court in a criminal case has determined that it has no jurisdiction, because of a breeched extradition process, is it authorized to correct it's jurisdictional defect by presenting the defendant to the District Court under a different case number on a later day.

In a preliminary matter concerning a foreign national, is the Court and/or government required to notify the defendants Consulate. When the Court fails to require that the defendants Consulate be notified, has the defendant been deprived of the Due Process of Law.

5)Is a criminal defendant authorized to raise an issue concerning jurisdictional defect in any open proceeding.

Is the Eleventh Circuit Court of Appeals in error to where it determined that a certificate of appealability is required to review an appeal from a District courts recharacterization of a motion pursuant to Fed.R.Civ.Prod. Rule 60(b), into a second or successive § 2255 Motion to Vacate.

Was the District Court in error when it construed a Notice of Appeal as a Certificate of Appealability.

Was the District Court in error, by disregarding international agreements and/or Treaty, under the Constitution of the United States, Article 6 Clause 2.

Question Presented (AI Summary)

Question not identified

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Waiver of right of respondent United States to respond filed.
2018-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2018)

Attorneys

Samuel Knowles
Samuel Knowles — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent