No. 18-6733

Laura Shauger v. United States

Lower Court: Third Circuit
Docketed: 2018-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 aba-standards-for-criminal-justice certificate-of-appealability circuit-courts-of-appeals district-court district-court-ruling ineffective-assistance ineffective-assistance-of-counsel reasonable-jurists section-2255 sentencing-counsel supreme-court-of-idaho third-circuit
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether rulings by the district court denying relief are debatable by jurists of reason if rulings by other courts in similar situations arguably support the movant-appellant's claims

Question Presented (from Petition)

QUESTION PRESENTED This case raises a pressing issue of national importance: In applying for a certificate of appealability (COA) to appeal from the denial of a motion under 28 U.S.C. § 2255, whether rulings by the district court denying relief are debatable by jurists of reason if rulings by other courts in similar situations arguably support the movant-appellant’s claims. Specifically, did the United States Court of Appeals for the Third Circuit improperly deny Ms. Shauger a COA after she had demonstrated that the facts of her case, when applied to rulings of this Court, several Circuit Courts of Appeals, and the Supreme Court of Idaho, as well as to the ABA Standards for Criminal Justice (3d ed. 1993), arguably supported her ineffective assistance claims? LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties (petitioner Shauger and respondent United States). -1

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Waiver of right of respondent United States to respond filed.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2018)

Attorneys

Laura Shauger
James H. Feldman Jr.Law Office of James H. Feldman, Jr., Petitioner
James H. Feldman Jr.Law Office of James H. Feldman, Jr., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent