No. 18-6969

Brandon Bivins v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-procedure constitutional-rights due-process eleventh-circuit judicial-review prior-panel-precedent prior-panel-precedent-rule stare-decisis statutory-right statutory-right-to-appeal three-judge-panels
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Does the Eleventh Circuit too rigidly apply its 'prior panel precedent rule' —effectively denying Eleventh Circuit defendants their statutory right to appeal and constitutional right to due process of law— by holding that three-judge panels of that court must follow even an admittedly 'flawed' prior panel decision that failed to consider precedent(s) of this Court in existence at the time, and whose mode of legal analysis is now demonstrably inconsistent with intervening precedents of this Court, when most other circuits broadly agree that a three-judge panel may not only reconsider but should decline to follow an obviously 'flawed' prior precedent under such circumstances, as stare decisis requires that subsequent panels adhere to the correct mode of analysis dictated by precedents of this Court?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW | Does the Eleventh Circuit too rigidly apply its “prior panel precedent rule” — effectively denying Eleventh Circuit defendants their statutory right to appeal and ! constitutional right to due process of law— by holding that three-judge panels of that ! court must follow even an admittedly “flawed” prior panel decision that failed to consider precedent(s) of this Court in existence at the time, and whose mode of legal | analysis is now demonstrably inconsistent with intervening precedents of this Court, when most other circuits broadly agree that a three-judge panel may not only ! reconsider but should decline to follow an obviously “flawed” prior precedent under | such circumstances, as stare decisis requires that subsequent panels adhere to the | correct mode of analysis dictated by precedents of this Court? | i INTERESTED PARTIES | | There are no

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Waiver of right of respondent United States to respond filed.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2019)

Attorneys

Brandon Bivins
Gail Smith StageFederal Public Defender, Southern District of Florida, Petitioner
Gail Smith StageFederal Public Defender, Southern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent