No. 18-5780

Peter Vincent Capra v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of the issues in the case, which therefore means there was no final order

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW Question #1: As Raised by the Petitioner: : Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of the issues in the case, which therefore means . there was no final order. : In Lieu of: Question #2: As Raised by the Petitioner: Does an appeals court err in failing to issue a certificate of appealability and/or order an evidentiary hearing on a defendant's claim of ineffective assistance of counsel claim where counsel: (a) Failed to present a defense to the jury, (b) Failed to investigate : the fact of the case, (c) Failed to interview witnesses, (d) Failed ' to hire an expert witness, (e) Failed to subpoenaed any witnesses, (f) Failed to submit a proper theory of defense or argue points (2) and (3) of the “Advice of Counsel" defense, (g) Failed to argue each count of the indictment and the fact that the Government had failed to present evidence as to each count, ahd (h) Failed to move for the dismissal of the indictment for the breach of the attorney-client relationship. . Question #3: As Raised by the Petitioner: Does an appeals court err in failing to issue a certificate of appealability and/or order an evidentiary hearing on a defendant's elaim that the Government has criminalized a conduct, and then retroactively imposed a duty on the defendant as a private individual to disclose information when no duty to disclose is demostrated. ; i. Question #4: As Raised by the Petitioner: Does an appeals court err in failing to issue a certificate of appealability and/or order an evidentiary hearing when the Government's response is contested or contradicted by the Petitioner's statement in an affidavit and the opinion set forth in the report of an expert witness, and which testimony would present a debate in which a reasonable jurist could debate. Question #5: As Raised by the Petitioner: Does an appeals court err when it fails to address that the : District Court made statements concerning evidence and testimony which does not exist in the record, and then bases its conclusions : on these non existence statement and evidence. Question #6: As Raised by the Petitioner: Does an appeals court err when it fails to address that "Good Faith" is not a stand alone defense. (b) ,

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-09-04
Waiver of right of respondent United States to respond filed.
2018-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

Peter Vincent Capra
Peter Vincent Capra — Petitioner
Peter Vincent Capra — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent