No. 18-6765

Bernard J. Bagdis v. United States

Lower Court: Third Circuit
Docketed: 2018-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certiorari-review circuit-split due-process federal-procedure finality habeas-corpus rehearing statute-of-limitations timeliness
Key Terms:
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent United States to respond filed.
2018-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)
2018-08-13
Application (18A150) granted by Justice Alito extending the time to file until November 30, 2018.
2018-08-06
Application (18A150) to extend the time to file a petition for a writ of certiorari from October 1, 2018 to November 30, 2018, submitted to Justice Alito.

Attorneys

Bernard J. Bagdis
Bernard Bagdis — Petitioner
Bernard Bagdis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent