No. 18-6010

Babubhai Patel v. United States

Lower Court: Sixth Circuit
Docketed: 2018-09-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction buck-v-davis certificate-of-appealability civil-rights due-process habeas-corpus jurisdiction miller-el-v-cockrell sixth-circuit standard-of-review supreme-court-precedent
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Did the Sixth Circuit Court of Appeals sidestep the COA process in Petitioner Babubhai Patel's COA Application

Question Presented (from Petition)

QUESTION(S) PRESENTED oe ‘Question. # One: Did the Sixth Circuit Court of Appeals sidestep [the COA] process in Petitioner Babubhai Patel's COA Application Oo by first deciding the merits of an appeal, and then justifying its . denial of a COA based on its adjudication of the actual merits, oo it is in essence deciding an appeal without jurisdiction; thus — did the Sixth Circuit violate U.S. Supreme Court precedents: in Buck v. Davis, 137 $. Ct~ 759 (2017); and Miller-k1 y. Cockrell, oo 537 U.S. 322, 336-37 (2003); and a C.0.A. should issue as Patel met his burden as required by 28 U.S.C. § 2253 (c) (2) 2 ce, | : .

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2018)

Attorneys

Babubhai Patel
Babubhai Patel — Petitioner
Babubhai Patel — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent