No. 22-6698

Robert Hadley Gross v. United States

Lower Court: Fifth Circuit
Docketed: 2023-02-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law first-impression frivolity ineffective-assistance-of-counsel legal-merit non-frivolous-appeal rational-defendant roe-v-flores-ortega totality-of-circumstances
Latest Conference: 2023-03-03
Question Presented (from Petition)

This is a criminal case, which involves issues
regarding ineffective assistance of counsel,
frivolity, and first impression.

1. Is the Roe v. Flores-Ortega test for a
non-frivolous appeal issue a case of
First Impression? Roe v. FloresOrtega, 528 U.S. 470, (2000).

2. What is the test for a non-frivolous
issue, lacking any arguable legal
points of merit or lacking any basis in
law or fact?

3. What is the definition of a rational
defendant as described in Roe v.
Flores-Ortega, 528 U.S. 470, (2000)
and must that include the 'totality of
circumstances '?

Question Presented (AI Summary)

Is the Roe v. Flores-Ortega test for a non-frivolous appeal issue a case of first impression?

Docket Entries

2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-08
Waiver of right of respondent United States to respond filed.
2022-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2023)
2022-08-11
Application (22A122) granted by Justice Alito extending the time to file until October 10, 2022.
2022-08-03
Application (22A122) to extend the time to file a petition for a writ of certiorari from August 11, 2022 to October 10, 2022, submitted to Justice Alito.

Attorneys

Robert Hadley Gross
Robert Gross — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent