No. 18-6430

Kinzie Decarlos Thomas v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 alibi-defense appellate-review district-court evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel off-the-record off-the-record-facts procedural-default section-2255 statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the district court erred in denying an evidentiary hearing on a § 2255 motion without resolving contested material facts

Question Presented (OCR Extract)

QUESTIONS PRESENTED Federal statute and this Court's rulings provide that a district court must grant an evidentiary hearing when material facts are contested, and those facts occurred outside the courtroom and off-the-record. Mr. Thomas's § 2255 claims involves counsel's failure to investigate an exculpatory alibi-like defense. Despite the silent record, the district court chose to resolve the factual dispute without an evidentiary hearing. The Eleventh Circuit Court of Appeals refused to review the district court's non-evidentiary resolution of the § 2255 motion, Would jurists of reasons have debated the correctness of the district court electing to ignore the governing statute on § 2255 hearings? . -~i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-01
Waiver of right of respondent United States to respond filed.
2018-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)
2018-08-06
Application (18A136) granted by Justice Thomas extending the time to file until October 7, 2018.
2018-07-20
Application (18A136) to extend the time to file a petition for a writ of certiorari from August 8, 2018 to October 7, 2018, submitted to Justice Thomas.

Attorneys

Kinzie D. Thomas
Kinzie Decarlos Thomas — Petitioner
Kinzie Decarlos Thomas — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent