No. 18-5814

Bobby Cruz v. United States

Lower Court: Seventh Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-10-05
Question Presented (from Petition)

DID THE SEVENTH CIRCUIT COURT OF APPEALS ERR IN DENYING BOBBY CURZ A CERTIFICATE OF APPEALABILITY CONCERNING THE DISTRICT COURT'S DENYING CRUZ'S AMENDED 28 U.S.C. § 2255 IN VIOLATION OF MAYLE V. FELIX, 545 U.S. 644 (2005) AND ITS PROGENY?

DID THE SEVENTH CIRCUIT COURT OF APPEALS ERR IN DENYING BOBBY CRUZ A CERTIFICATE OF APPEALABILITY CONCERNING THE DISTRICT COURT'S DETERMINATION ON THE MERITS OF THE AMENDED ISSUE IN (a) MAKING A CREDIBILITY DETERMINATION WITHOUT AN EVIDENTIARY HEARING VIOLATING CRUZ'S DUE PROCESS; AND (b) COUNSEL WAS INEFFECTIVE FOR PROVIDING ERRONEOUS ADVICE WHICH: INDUCED HIS GUILTY PLEA IN VIOLATION OF HILL V. LOCKHART, 474 U.S. 52 (1985) AND ITS PROGENY?

Question Presented (AI Summary)

Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Bobby Cruz
Bobby Cruz — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent