No. 18-8345

Gary Lakey v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction
Latest Conference: 2019-04-12
Question Presented (from Petition)

Question #1 - Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the underlying §2255 motion claims were without merit?

Question #2 - Did the District Court err when it denied Petitioner's §2255 motion without holding an evidentiary hearing as required by Rule and statute?

Question #3 - Did the District Court err when it found Petitioner's indictment was sufficient, in conflict with the precedent of this Court and the Eleventh Circuit's precedent in Petitioner's own direct appeal?

Question Presented (AI Summary)

Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the underlying §2255 motion claims were without merit?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Gary Lakey
Gary Lakey — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent