No. 18-7748

James Freeman v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-02-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 certificate-of-appealability COA due-process Eleventh-Circuit habeas-corpus ineffective-assistance-of-counsel merits procedural-claims section-2255 sentencing substantive-claims underlying-2255-claims
Latest Conference: 2019-03-15
Question Presented (from Petition)

Question #1 - Did the Eleventh Circuit exceed the limited scope of 28 USC §2253, the Certificate of Appealability (COA) statute, by deciding Petitioner's underlying §2255 claims lacked merit and using that finding to deny the COA?

Question #2 - Did the Eleventh Circuit err when it failed to address either the debatability or the merits of Petitioner's three procedural claims?

Question #3 - Did the Eleventh Circuit err in finding that Petitioner's underlying substantive issues lacked merit?

Question Presented (AI Summary)

Did the Eleventh Circuit exceed the limited scope of 28 USC §2253, the Certificate of Appealability (COA) statute, by deciding Petitioner's underlying §2255 claims lacked merit and using that finding to deny the COA?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Waiver of right of respondent United States to respond filed.
Main Document
2019-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

James Freeman
James Freeman — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent