No. 22-5415
Delano Marco Medina v. United States
Response WaivedIFP
Tags: cell-site-location-information certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel lost-evidence mandamus mandamus-relief rule-60(b) rule-60b speedy-trial
Latest Conference:
2022-10-07
Question Presented (from Petition)
Did the Tenth Circuit err in not granting a COA and refusing to remand back to the district court or to properly consider Medina's Rule 60(b) motion? And is the Tenth Circuit correct in determining that: "Medina cites no authority—and we are aware of none—holding that refusal to consider evidence in support of a claim is the same as failing to rule on the claim."
Question Presented (AI Summary)
Did the Tenth Circuit err in not granting a COA and refusing to remand back to the district court or to properly consider Medina's Rule 60(b) motion?
Docket Entries
2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-07
Waiver of right of respondent United States to respond filed.
2022-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2022)
Attorneys
Delano M. Medina
Delano Marco Medina — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent