No. 20-119

Louis Ruggiero v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-08-04
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2255 criminal-procedure evidentiary-hearing federal-charges ineffective-assistance plea-bargaining prejudice prejudice-standard section-2255
Latest Conference: 2020-09-29
Question Presented (from Petition)

Should the court of appeals have granted a certificate of appealability on whether a district court may deny a 28 U.S.C. § 2255 evidentiary hearing on the issue of prejudice resulting from counsel's deficient plea representation, where the district court placed on petitioner a burden at the pleading stage to allege facts that would prove—rather than merely support, without contradiction in the record—a claim of prejudice?

Question Presented (AI Summary)

Should the court of appeals have granted a certificate of appealability

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-07
Waiver of right of respondent United States to respond filed.
2020-07-24
Petition for a writ of certiorari filed. (Response due September 3, 2020)

Attorneys

Louis Ruggiero
Richard C. Klugh Jr. — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent