No. 18-8373

Jose J. Galiany-Cruz v. United States

Lower Court: First Circuit
Docketed: 2019-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-officer-fraud criminal-conviction fraud fraud-by-officer-of-court hazel-atlas hazel-atlas-motion officer-of-the-court puerto-rico-territory second-or-successive-2255-petition second-or-successive-petition statutory-interpretation subject-matter-jurisdiction
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-04-12
Question Presented (from Petition)

COULD A HAZEL-ATLAS MOTION BE USE TO ATTACK A CRIMINAL CONVICTION? MOTION UNDER HAZEL-ATLAS IS IT OR IS IT NOT A SECOND OR SUCCESSIVE §2255 PETITION?

DOES HAZEL-ATLAS PROVIDE THE COURT WITH JURISDICTION TO CONSIDER THE MOTION WHEN A FRAUD IS COMMITTED BY AN OFFICER OF THE COURT AND RAISES A QUESTION OF STATUTORY INTERPRETATION? SUBJECT MATTER JURISDICTION MAY BE RAISED AT ANY TIME?

DID CONGRESS INTENDED FOR PUERTO RICO TO BE CONSIDERED A TERRITORY FOR PURPOSE OF SECTION 1 IF SO, WHERE DOES FEDERAL CRIMINAL JURISDICTION BEGIN AND END?

HAS SANCHEZ-VALLE DECISION MANIFEST ERRORS OF LAW AND FACT UNDER COMMONWEALTH OF PUERTO RICO AND UNITED STATES LAW? DOES SANCHEZ-VALLE APPLY RETROACTIVELY?

Question Presented (AI Summary)

Could a Hazel-Atlas motion be used to attack a criminal conviction?

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.
Main Document
2018-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Jose J. Galiany-Cruz
Jose J. Galiany-Cruz — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent