No. 18-7274

Reginald L. Spears, aka RLS Ar Abdul Aziz v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure bias certificate-of-appealability due-process fifth-circuit impartial-judge judicial-bias procedural-error strawman-argument
Latest Conference: 2019-02-15
Question Presented (from Petition)

WHETHER THE FIFTH CIRCUIT COURT OF APPEALS INTRODUCED AND
ATTACKED A STRAWMAN ARGUMENT[ARGUMENT NOT RAISED BY APPELLANT] IN IT'S ORDER/OPINION AS A BASIS TO DENY APPELLANT A
COA? IF SO, IS DUE PROCESS TO AN IMPARTIAL JUDGE VIOLATED?

WHETHER THE FIFTH CIRCUIT COURT OF APPEALS HAS AN ACTUAL
BIAS AGAINST AN APPELLANT WHEN THE COURT INTRODUCES A
STRAWMAN ARGUMENT[ARGUMENT NOT RAISED BY APPELLANT] IN
IT'S ORDER/OPINION AND ATTACKS THE ARGUMENT AS A BASIS TO
DENY APPELLANT A COA?

Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals introduced and attacked a strawman argument as a basis to deny appellant a COA, and whether this violates due process to an impartial judge

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-23
Waiver of right of respondent United States to respond filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Reginald L. Spears
RLS Ar Abdul Aziz — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent