No. 20-7498

Jose Federico Almeida-Olivas v. United States

Lower Court: Eighth Circuit
Docketed: 2021-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability dahda-v-united-states eighth-circuit federal-law habeas-corpus post-conviction-relief procedural-default standing
Key Terms:
HabeasCorpus
Latest Conference: 2021-04-16
Question Presented (from Petition)

I. WHETHER THE COURT PROPERLY DENIED COA? THE TRIAL COURT AND THE EIGHTH CIRCUIT COURT OF APPEALS HAVE DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW REGARDING CERTIFICATE OF APPEALABILITY, SETTLED BY THIS COURT IN A WAY THAT CONFLICTS WITH RELEVANT DECISIONS OF THIS COURT.

II. WHETHER THE TRIAL COURT PROPERLY APPLIED THE PROCEDURAL DEFAULT STANDARD IN VIEW OF THE FACT THAT DAHDA V. UNITED STATES. 584 U.S. _ , 138 S.CT. 1491 (2018), WHICH WAS ISSUED POST THE FINALITY OF ALMEIDA-OVLIVAS'S DIRECT APPEAL (DEC. 2012), AND ALMEIDA-OLIVAS'S FIRST OPPORTUNITY TO PRESENT THE DAHDA CLAIMS TO THE COURT WAS IN HIS §2255?

Question Presented (AI Summary)

Whether the court properly denied COA

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-25
Waiver of right of respondent United States to respond filed.
2020-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2021)

Attorneys

Jose Federico Almeida-Olivas
Jose Federico Almeida-Olivas — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent