No. 19-5974

Duane L. O'Malley v. United States

Lower Court: Seventh Circuit
Docketed: 2019-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals circuit-operating-rule civil-procedure civil-procedure-rules criminal-procedure criminal-rule-33 direct-appeal due-process judicial-assignment motion-appeal newly-discovered-evidence panel-reassignment recharacterization standing
Latest Conference: 2019-10-18
Question Presented (from Petition)

DID THE SEVENTH CIRCUIT COURT OF APPEALS (CA7 ) VIOLATE CIRCUIT OPERATING RULE 6(b) WHEN FAILING TO REASSIGN THE "SUCCESSIVE MOTION APPEAL" PANEL ("C" - below) UNDElR 18-1617 TO THE "ORIGINAL MOTION APPEAL" UNDER 14-2711 ("B"- below) AND, FAILURE TO ASSIGN THE "ORIGINAL MOTION APPEAL" ("B"-below) UNDER 14-2711 TO THE "ORIGINAL DIRECT APPEAL" PANEL UNDER 12-2771?1.

WAS THE "ORIGINAL DIRECT APPEAL" ("A"- below) UNDER 12-2771 DEPRIVED OF THE [PIECES] OF NEWLY DISCOVERED EVIDENCE CONTAINED IN THE BONAFIDE CRIMINAL RULE 33(b)(1)' MOTION FOR NEW TRIAL (DOC. 172), FILED AT A "CRITICAL STAGE" OF THE "CRIMINAL" PROCEEDINGS "WHILE THE DIRECT APPEAL REMAINED PENDING" AND GOVERNED UNDER THE CONTROLLING PROVISIONS OF "CRIMINAL RULE 37", ONLY TO FACE THE IN TERROREM ULTIMATUM OF THE DISTRICT COURT'S INVOKED "JUDGE-MADE RULE" RECHARACTERIZATION ORDER (DOC. 196)?2.

CAN A BONAFIDE CRIMINAL RULE 33(b)(1) MOTION FOR NEW TRIAL WITH NEWLY DISCOVERED EVIDENCE BE RECHARACTERIZED AS THAT OF A "COLLATERAL" §2255 "WHILE THE DIRECT APPEAL REMAINED PENDING"?3.

DID THE "GENERAL REMAN D" ORDER BY THE "ORIGINAL MOTION APPEAL" ("B"- below) PANEL UNDER 14-2711 "LIMIT" THE CLAIMS PETITIONER COULD RAISE IN THE REMANDED RULE 33 MOTION FOR NEW TRIAL?4.

DID THE "SUCCESSIVE MOTION APPEAL" ("B"- below) PANEL UNDER 18-1617 ARBITRARILY GRANT REASSIGNED APPOINTED APPELLATE COUNSEL'S "ANDERS BRIEF" WITHOUT ADDRESSING PETITIONER'S "PRO SE" CLAIM THAT SAID COUNSEL STRAINED UNDER CONFLICT THROUGH DIAMETRICALLY OPPOSED POSITIONS?5.

Question Presented (AI Summary)

Did the Seventh Circuit Court of Appeals violate Circuit Operating Rule 6(b) when failing to reassign panels?

Docket Entries

2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-25
Waiver of right of respondent United States to respond filed.
2019-09-16
Application (19A294) granted by Justice Kavanaugh extending the time to file until August 26, 2019.
2019-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2019)
2019-07-26
Application (19A294) to extend the time to file a petition for a writ of certiorari from July 29, 2019 to August 26, 2019, submitted to Justice Kavanaugh.

Attorneys

Duane L. O'Malley
Duane L. O'Malley — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent