No. 19-5374

Benson Coriolant v. United States

Lower Court: Fifth Circuit
Docketed: 2019-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abandoned-claims actual-appeal actual-innocence certificate-of-appealability criminal-justice-act criminal-procedure federal-rules-of-appellate-procedure fifth-circuit pro-se pro-se-litigant procedural-rules
Latest Conference: 2019-10-01
Question Presented (from Petition)

I.
WHETHER THE FIFTH CIRCUIT'S HOLDING THAT THE
PRO SE LITIGANT HAS ABANDONED ANY CLAIM(S) NOT
RAISED IN AN APPLICATION FOR A CERTIFICATE OF
APPEALABILITY —EXTENDING AND CONFLATING F.R.A.P.
28 APPLICABLE TO THE ACTUAL APPEAL BRIEF CONTEXT —
IS IN CONFLICT WITH THE SUPREME COURT'S DECISIONS
EMPHASIZING THAT. THE PROCEDURES AND CONSIDERATIONS
AT THE COA STAGE ARE TO BE DISTINGUISHED FROM AN
ACTUAL APPEAL?

II.
WHETHER THE FIFTH CIRCUIT IMPROPERLY REFUSED
TO CONSIDER AN ACTUAL INNOCENCE CLAIM RAISED
FOR THE FIRST TIME IN AN APPLICATION FOR A
CERTIFICATE OF APPEALABILITY?

III.
WHETHER THE FIFTH CIRCUIT RENDERED LESS THAN A
FULL AND FAIR CONSIDERATION OF PETITIONER'S
APPLICATION FOR A CERTIFICATE OF APPEALABILITY
BY FAILING TO RECOGNIZE THAT THE SUPREME COURT
STANDARDS AUTHORIZE THE ISSUANCE OF A COA EVEN
WHEN THE ISSUE(SO ARE NOT NECESSARILY DEBATABLE?

IV.
WHETHER THE UNITED STATES SUPREME COURT MAY
CONSIDER PETITIONER'S CLAIM THAT HIS CRIMINAL
JUSTICE ACT APPOINTED COUNSEL FAILED TO ADVISE
HIM OF THE TIME TO SEEK SUPREME COURT REVIEW,
FOLLOWING HIS DIRECT CRIMINAL APPEAL, RAISED
FOR THE FIRST TIME IN THE INSTANT PETITION FOR
A WRIT OF CERTIORARI?

Question Presented (AI Summary)

Whether the Fifth Circuit's holding that the pro se litigant has abandoned any claim(s) not raised in an application for a certificate of appealability is in conflict with the Supreme Court's decisions

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States to respond filed.
2019-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2019)
2019-03-08
Application (18A936) to extend the time to file a petition for a writ of certiorari from March 18, 2019 to May 17, 2019, submitted to Justice Alito.
2019-03-08
Application (18A936) granted by Justice Alito extending the time to file until May 17, 2019.

Attorneys

Benson Coriolant
Benson Coriolant — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent