No. 18-9215
Response WaivedIFP
Tags: certificate-of-appealability due-process eighth-circuit fair-notice in-forma-pauperis judicial-process opportunity-to-be-heard procedural-fairness supreme-court-precedent
Key Terms:
DueProcess FifthAmendment HabeasCorpus
DueProcess FifthAmendment HabeasCorpus
Latest Conference:
2019-06-06
Question Presented (from Petition)
DID THE EIGHTH CIRCUIT COURT OF APPEALS VIOLATE PETITIONER'S DUE PROCESS RIGHTS TO FAIR NOTICE AND AN OPPORTUNITY TO BE HEARD BY THE COURT'S PROCESS OF LEADING PETITIONER TO BELIEVE THAT A DUE DATE FOR HIS CERTIFICATE OF APPEALABILITY ("COA") BRIEF WOULD BE ESTABLISHED AFTER THE RULING ON HIS MOTION TO PROCEED IN FORMA PAUPERIS - BUT ABRUPTLY DENIED HIS IN FORMA PAUPERIS MOTION AND COA SIMULTANEOUSLY?
DID THE EIGHTH CIRCUIT'S FAILURE TO FIND THE DISTRICT COURT'S RESOLUTION WRONG OR DEBATABLE FOR PURPOSES OF A CERTIFICATE OF APPEALABILITY DETERMINATION CONTRAVENE THE PRECEDENTS OF THE SUPREME COURT?
Question Presented (AI Summary)
Did the Eighth Circuit Court of Appeals violate petitioner's due process rights to fair notice and an opportunity to be heard?
Docket Entries
2019-06-10
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-16
Waiver of right of respondent United States to respond filed.
2019-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
2019-03-08
Application (18A913) granted by Justice Gorsuch extending the time to file until April 18, 2019.
2019-02-05
Application (18A913) to extend the time to file a petition for a writ of certiorari from February 17, 2019 to April 18, 2019, submitted to Justice Gorsuch.
Attorneys
Dale Giles
Dale Giles — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent