No. 18-5515

Louie Anthony Salemi v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 abuse-of-discretion boiler-plate-language certificate-of-appealability eleventh-circuit evidentiary-hearing habeas-corpus-review-2255-claims ineffective-assistance ineffective-assistance-of-counsel machibroda-v-united-states off-the-record-advice reasoned-opinion section-2255 summary-order
Key Terms:
HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order?

Question Presented (OCR Extract)

QUESTION PRESENTED The ‘Eleventh Circuit Court of Appeals denied Mr. Salemi a certificate of appealability with a summary order using boiler plate language. : Did the Eleventh Circuit Court of Appeals abuse its discretion by not providing a reasoned opinion to support its order? Wilson v. Sellers, U.S. __ (Jan.2018). Mr. Salemi's 28 U.S.C. § 2255 claims comprised allegations of out of court, off-record advice from counsel. Section 2255(b) provides the district . court shall conduct an evidentiary hearing unless the allegations are conclusively refuted by the record. The out-of-court events were never addressed on the record. ; Should the district court have conducted an evidentiary hearing? See Machibroda v. United States, 368 U.S. 487 (1962). wie .

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)
2018-05-15
Application (17A1253) granted by Justice Thomas extending the time to file until July 16, 2018.
2018-04-30
Application (17A1253) to extend the time to file a petition for a writ of certiorari from May 17, 2018 to July 16, 2018, submitted to Justice Thomas.

Attorneys

Louie Anthony Salemi
Louie Anthony Salemi — Petitioner
Louie Anthony Salemi — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent