No. 21-5613

Byron McCollum v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253c certificate-of-appealability constitutional-rights eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review merits-determination slack-v-mcdaniel unauthorized-merits-determination
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (from Petition)

Whether the Eleventh Circuit's denial of a Certificate of Appealability, stating only that the Petitioner "has failed to make a substantial showing of the denial of constitutional right," can, under the facts and circumstances of this case, be construed as unauthorized merits determination of the claim of ineffective assistance of counsel presented?

2. Whether the Eleventh Circuit's decision denying a Certificate of Appealability, a decision amounting to an unauthorized merits determination, thereby deciding the appeal without jurisdiction, should be, and is, null and void?

3. Whether the Court should grant, vacate, and remand this case to the Eleventh Circuit for reconsideration for a Certificate of Appealability in light of and in line with this Court's interpretation of 28 U.S.C. § 2253(c) in Slack v. McDaniel, 529 U.S. 473 (2000), Miller-El v. Cockrell, 537 U.S. 322 (2005), and Buck v. Davis, 197 L. Ed. 2d 1 (2017)?

Question Presented (AI Summary)

Whether the Eleventh Circuit's denial of a Certificate of Appealability can be construed as an unauthorized merits determination

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-15
Waiver of right of respondent United States to respond filed.
2021-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Byron McCollum
Byron McCollum — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent