No. 18-8410

Marshall Ray Miller v. Joseph L. McFadden, Warden

Lower Court: Fourth Circuit
Docketed: 2019-03-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing
Latest Conference: 2019-04-12
Question Presented (from Petition)

Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional right where Petitioner's statements to law enforcement were clearly given in reliance upon the promise of leniency, and as such, were not admissible against Petitioner.

Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional right to effective assistance of counsel where trial counsel failed to secure the negotiated plea agreement in writing.

Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional and statutory (18 USC §3585(a)) claim of personal jurisdiction where [both] the United States Bureau of Prisons and the State of South Carolina relinquished and forfeited jurisdiction over Petitioner and his sentences should be considered satisfied.

Whether the United States Bureau of Prisons and the State of South Carolina have relinquished and forfeited jurisdiction over [both] Petitioner and his State and Federal sentences as a result.

Question Presented (AI Summary)

Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a constitutional right

Docket Entries

2019-04-15
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-25
Waiver of right of respondent Joseph L. McFadden, Warden to respond filed.
2018-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)
2018-11-05
Application (18A481) granted by The Chief Justice extending the time to file until December 3, 2018.
2018-10-27
Application (18A481) to extend the time to file a petition for a writ of certiorari from October 31, 2018 to December 3, 2018, submitted to The Chief Justice.

Attorneys

Joseph L. McFadden, Warden
Donald John ZelenkaSouth Carolina Attorney General's Office, Respondent
Marshall R. Miller
Marshall R. Miller — Petitioner