No. 18-5790

Uiki Teaupa v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 5th-amendment 6th-amendment discovery due-process evidentiary-hearing fifth-amendment government-misconduct pro-se pro-se-defendant section-2255 sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Does the Fifth and Sixth Amendment entitle a pro se defendant the right to conduct discovery and have an evidentiary hearing on claims of government misconduct?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . : Does the Fifth and Sixth Amendment to the U.S. Constitution entitle A Pro Se Defendant the right to have (1) discovery conducted on his claims of government misconduct not investigated by his previous defense counsel without naving to submit.a request to do so, and (2) an Evidentiary Hearing to present testimony in support of his . claims in the 28 U.S.C. §2255 proceedings? : If the U.S. Constitution does in fact guarantee such right to a Pro Se Defendant does the district court reviewing the £255 petition ; adversely affect the integrity of the proceedings by not affording such right to the Defendant?

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.
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)

Attorneys

Uiki Teaupa
Uiki Teaupa — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent