No. 21-7366

Raymond L. Rogers v. United States

Lower Court: Tenth Circuit
Docketed: 2022-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-appointed-counsel criminal-appeal due-process extraordinary-circumstances federal-court-of-appeals ineffective-assistance mandate-recall tenth-circuit writ-of-certiorari
Latest Conference: 2022-04-14
Question Presented (from Petition)

(1). WHAT REMEDY IS AVAILABLE FOR PETITIONER WHEN HIS COURTAPPOINTED (CJA) ATTORNEY FAILED TO INFORM, ADVICE OR FILE
A TIMELY PETITION FOR A WRIT OF CERTIORARI IN DEFIANCE OF
PETITIONER'S WRITTEN REQUEST THAT A FEDERAL CIRCUIT COURT'S
ADVERSE JUDGMENT BE CHALLENGED?

(2). DOES A CJA COURT-APPOINTED ATTORNEY'S CONDUCT OF FAILING TO
INFORM, ADVICE OR FILE A PETITION FOR A WRIT OF CERTIORARI
AFTER AN ADVERSE DECISION BY A FEDERAL COURT OF APPEALS ON A
CRIMINAL DIRECT APPEAL MATTER CONSTITUTE AN EXTRAORDINARY
CIRCUMSTANCE TO RECALL A MANDATE AND VACATE THE JUDGMENT ONLY
TO REINSTATE THE JUDGMENT SO THAT A TIMELY PETITION FOR A
WRIT OF CERTIORARI CAN BE FILED ON THE ADVERSE JUDGMENT? AND IF
SO, DID THE TENTH CIRCUIT COURT OF APPEALS ERR WHEN IT DENIED
PETITIONER'S MOTION TO RECALL A MANDATE SO AS TO ALLOW PETITIONER
HIS RIGHT TO FILE A TIMELY CERTIORARI PETITION TO CHALLANGE
THE TENTH CIRCUIT COURT OF APPEALS ADVERSE JUDGMENT OF HIS
CRIMINAL DIRECT APPEAL?

Question Presented (AI Summary)

Remedy-for-CJA-attorney-failure-to-file-cert-petition

Docket Entries

2022-08-01
Rehearing DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2022-07-07
DISTRIBUTED.
2022-05-04
Petition for Rehearing filed.
2022-04-18
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2022-03-30
DISTRIBUTED for Conference of 4/14/2022.
2022-03-23
Waiver of right of respondent United States to respond filed.
2022-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2022)

Attorneys

Raymond L. Rogers
Raymond L. Rogers — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent