No. 18-8464

Oscar Lamar Mims v. United States

Lower Court: Eighth Circuit
Docketed: 2019-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion certificate-of-appealability commerce-clause habeas-corpus ineffective-assistance-of-counsel speedy-trial strategic-decision strickland-standard suspension-of-writ writ-of-review
Latest Conference: 2019-04-18
Question Presented (from Petition)

Does the Certificate of Appealability process weaken the efficacy of the Writ, either to the point of working a Suspension of the Writ or of making §2255 on inadequate and ineffective substitute for habeas corpus?

As the burden to show that a Certificate of Appealability should issue is on the Petitioner, must an opportunity to brief the request be given?

Must a petitioner mechanically cite The Strickland v Washington, 466 US 668(1984), standard in every ground to obtain review of his claim?

Is the right to a Speedy Trial a strategic decision, which Counsel may make without consulting his client, or over his objection under McCoy v Louisiana, 200 L Ed 2d 821 (2018), or must the client consent to the waiver?

Should the aggregation principle of Gonzales v Raich, 545 US 1 (2005), be revisited in light of later cases of this Court, and to provide meaningful limits on Congress Commerce Clause powers?

Question Presented (AI Summary)

Does the Certificate of Appealability process weaken the efficacy of the Writ, either to the point of working a Suspension of the Writ or of making §2255 on inadequate and ineffective substitute for habeas corpus?

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-27
Waiver of right of respondent United States to respond filed.
2019-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)

Attorneys

Oscar L. Mims
Oscar Lamar Mims — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent