No. 24-5572

Ramon Lopez-Alvarado v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review certificate-of-appealability constitutional-claims due-process ineffective-assistance sixth-amendment
Latest Conference: 2024-10-11
Question Presented (from Petition)

Did the Eleventh Circuit Court of Appeals err in denying Petitioner's Motion for Certificate of Appeal- ability where claims show that jurists of reason could disagree with the District Court 1s resolu tion of his Constitutional claims, ..or that jurists could conclude the issues presented are adeguate to deserve encouragement to proceed further?

Did the. Court of Appeals err in denying Petitioner's Motion for Appointment of Counsel to assist in ob taining the Certificate of Appealability?

Did Petitioner receive Constitutionally ineffective assistance of counsel on direct appeal where counsel refused to raise material claims, and refused to assist Petitioner to seek a petition for a Writ of Certiorari in the U.S. Supreme Court?

Did the District Court commit reversable error by denying Petitioner's Motion under 28 U.S.C. § 2255 without conducting an evidentiary hearing to re solve the factual disputes?

What remedy is available for the Constitutional vio lations and legal, errors of the District Court, suf fered by the Petitioner during, trial, where the Court of Appeals is made aware of them but failed to act?

Did the District Court commit an error by denying Petitioner the right to effective cross-examination of the prosecutor's key witness, in violation of the U.S. Constitution's Sixth Amendment?

Did the District Court err by not making a pre-trial review of whether Petitioner 's original deportation order was lawfully executed under 8 U.S.C. § 1326(a)?

Did the District Court err by allowing the jury to make a determination on the lawfulness of Petitioner's deportation under 18 U.S.C. § 1326(b)(2)?

Did the District Court commit an error of law by com mitting to the jury the decision of citizenship?

Was a new trial reguired if false testimony given at trial could, in any reasonable likelihood, have af fected the jury's verdict?

Was a new trial reguired when there was a reasonable likelihood that disclosure of the truth during trial would have effected the judgment of the jury?

Was a hearing in District Court necessary when undis closed evidence supporting Petitioner's claim of U.S. Citizenship was adduced by defense counsels at trial?

Did the actions of Petitioner's defense counsels con stitute ineffective assistance of counsel prior to and during trial?

Question Presented (AI Summary)

Whether the Eleventh Circuit erred in denying Petitioner's Motion for Certificate of Appealability and Appointment of Counsel, and whether multiple constitutional violations occurred during trial including ineffective assistance of counsel and denial of due process

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-24
Waiver of right of respondent United States to respond filed.
2024-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2024)

Attorneys

Ramon Lopez-Alvarado
Ramon Lopez-Alvarado — Petitioner
United States
Elizabeth B. Prelogar — Respondent