No. 22-6609

James D. Thomas v. United States

Lower Court: Sixth Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 brady-violation due-process evidentiary-hearing fifth-amendment fourteenth-amendment
Latest Conference: 2023-02-17
Question Presented (from Petition)

1) DID THE SIXTH CIRCUIT COURT OF APPEALS VIOLATE PETITIONER'S
FIFTH AND FOURTEENTH AMENDMENT RIGHT BY DENYING PETITIONERS
28 USC § 2255 MOTION TO VACATE, CORRECT OR SET ASIDE SENT
ENCE PERTAINING TO A BRADY VIOLATION? WAS PETITIONER'S RIGHT
TO DUE PROCESS VIOLATED?

2) DID THE COURTS BELOW COMMIT REVERSIBLE ERROR, DENYING PETI-
IONER'S 28 USC § 2255 MOTION TO VACATE, CORRECT OR SET ASIDE
SENTENCE, WITHOUT CONDUCTION [A]N EVIDENTIARY HEARING TO
RESOLVE FACTUAL DISPUTES?

Question Presented (AI Summary)

Did the Sixth Circuit Court of Appeals violate petitioner's Fifth and Fourteenth Amendment right by denying petitioners 28 USC § 2255 motion to vacate, correct or set aside sentence pertaining to a Brady violation? Was petitioner's right to due process violated?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-31
Waiver of right of respondent United States to respond filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

James D. Thomas
James D. Thomas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent