No. 18-6010
Babubhai Patel v. United States
Response WaivedIFP
Tags: appellate-jurisdiction buck-v-davis certificate-of-appealability civil-rights due-process habeas-corpus jurisdiction miller-el-v-cockrell sixth-circuit standard-of-review supreme-court-precedent
Latest Conference:
2018-10-12
Question Presented (from Petition)
Did the Sixth Circuit Court of Appeals sidestep [the COA] process in Petitioner Babubhai Patel's COA Application by first deciding the merits of an appeal, and then justifying its denial of a COA based on its adjudication of the actual merits, it is in essence deciding an appeal without jurisdiction, thus did the Sixth Circuit violate U.S. Supreme Court precedents in Buck v. Davis, 137 S. Ct-s 759 (2017); and Miller-El v. Cockrell, 537. U.S. 322 9 336-37 .(200); and a C.O.A. should issue as Patel met his burden as required by 28 U.S.C. § 2253 (c) (2) 7 (1).
Question Presented (AI Summary)
Did the Sixth Circuit Court of Appeals sidestep the COA process in Petitioner Babubhai Patel's COA Application
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2018)
Attorneys
Babubhai Patel
Babubhai Patel — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent