No. 18-5814

Bobby Cruz v. United States

Lower Court: Seventh Circuit
Docketed: 2018-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability

Question Presented (from Petition)

QUESTIONS PRESENTED ; I. DID THE SEVENTH CIRCUIT COURT OF APPEALS ERR IN DENYING BOBBY CURZ A CERTIFICATE OF APPEALABILITY CONCERNING THE DISTRICT COURT'S DENYING CRUZ'S . ; . AMENDED 28 U.S.C. § 2255 IN VIOLATION OF MAYLE V. FELIX, 545 U.S. 644 (2005) AND ITS PROGENY? TI. DID THE SEVENTH CIRCUIT COURT OF APPEALS ERR IN DENYING BOBBY CRUZ A CERTIFICATE OF APPEALABILITY . CONCERNING THE DISTRICT COURT'S DETERMINATION ON THE MERITS OF THE AMENDED ISSUE IN (a) MAKING A CREDIBILITY DETERMINATION WITHOUT AN EVIDENTIARY HEARING VIOLATING ; . CRUZ'S DUE PROCESS; AND (b) COUNSEL WAS INEFFECTIVE FOR PROVIDING ERRONEOUS ADVICE WHICH’) INDUCED HIS ; GUILTY PLEA IN VIOLATION OF HILL V. LOCKHART, 474 U.S. 52 (1985) AND ITS PROGENY? : . i ; , CERTIFICATE OF INTERESTED PERSONS i certify that the following persons have an interest in the outcome of these proceedings: ; Bobby Cruz, Jennie Horwitz Leven, Assistant United States Attorney; Daniel Hesler, Counsel for Defendant. I declare the foregoing to be true and correct to the best of my knowledge and belief. ; Date Bobby Z A ; OS oe : : Pro se . . ; ii ;

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Waiver of right of respondent United States to respond filed.
2018-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Bobby Cruz
Bobby Cruz — Petitioner
Bobby Cruz — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent