No. 22-7032
Scott Lynn Fishbein v. United States
Response WaivedIFP
Tags: 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel
Latest Conference:
2023-04-14
Question Presented (from Petition)
Should a certificate of appealability have been issued by the court of appeals for review of an appeal of the denial of a 28 U.S.C. §2255 which presented facts proving that an innocent man was compelled by false information from his defense counsel, and his defense counsel, to falsely plead guilty when there was no evidence to prove the alleged offense?
Question Presented (AI Summary)
Should a certificate of appealability have been issued for review of an appeal of the denial of a 28 U.S.C. §2255 petition based on ineffective assistance of counsel and actual innocence?
Docket Entries
2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-22
Waiver of right of respondent United States to respond filed.
2023-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2023)
2022-12-13
Application (22A518) granted by Justice Alito extending the time to file until January 22, 2023.
2022-11-01
Application (22A518) to extend the time to file a petition for a writ of certiorari from November 23, 2022 to January 22, 2023, submitted to Justice Alito.
Attorneys
Scott Lynn Fishbein
Scott Lynn Fishbein — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent