Bernard J. Bagdis v. United States
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
Should the Supreme Court grant certiorari to resolve the differences in treatment among the various circuits and to clearly establish when a judgment of conviction becomes "final" under 28 U.S.C. §2255(f)(1) if a petition for rehearing (of the order denying the petition for a writ of certiorari) is filed after the petition for certiorari has been denied?
Should the Supreme Court grant certiorari, vacate the lower court decision and remand this case to correct a violation of due process because the lower courts dismissed a timely filed habeas motion as "time-barred" under 28 U.S.C. §2255(f)(4) without making any fact-based determination of timeliness and without establishing any record of reasoning needed for effective appellate review?
When does a criminal conviction become 'final' under 28 U.S.C. §2255(f)(1) if a petition for rehearing is filed after the petition for certiorari has been denied?