Bernard J. Bagdis v. United States
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
When does a criminal conviction become 'final' under 28 U.S.C. §2255(f)(1) if a petition for rehearing is filed after the petition for certiorari has been denied?
Question Presented: oe Should the Supreme Court grant certiorari to resolve the differences in treatment among the various circuits and to clearly establish when a judgment of conviction becomes "final" under 28 U.S.C. §2255(f)(1) if a petition for rehearing (of the order denying the petition for a writ of certiorari) is filed after the petition for certiorari has been denied? The Second Question Presented: Should the Supreme Court grant certiorari, vacate the lower court decision and remand this case to correct a violation of due process because the lower courts dismissed a timely filed Aabeas motion as "time-barred" under 28 U.S.C. §2255(f)(4) without making any fact-based determination of timeliness and without establishing any record of reasoning needed for effective appellate review? i