No. 18-6255

Christopher Earl Oden v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability circuit-court-precedent circuit-precedent due-process habeas-corpus judicial-review reasonable-jurists standard-of-review
Latest Conference: 2018-11-09
Question Presented (from Petition)

In Slack v. McDaniel, 529 U.S. 473, 120 S. Ct. 1595 (2000), this Court held that a petitioner may obtain a certificate of appealability by showing that reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further. To meet that standard, is it necessary, as the Eleventh Circuit Court of Appeals required, for the petitioner to show that his claim is not foreclosed by binding circuit precedent?

Question Presented (AI Summary)

Is it necessary for a petitioner to show that his claim is not foreclosed by binding circuit precedent to obtain a certificate of appealability?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Waiver of right of respondent United States to respond filed.
2018-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)

Attorneys

Christopher Earl Oden
Deanna Lee OswaldOffice of the Federal Public Defender, NDAL, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent