No. 18-8019

Bryan Austin v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal certificate-of-appealability circuit-court circuit-split coa congress constitutional-claims due-process habeas-corpus sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of this Court and of Congress such that Petitioner was denied his rights to appeal the disposal of his habeas corpus petition and to due process of law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the determination by the Eighth Circuit Court of Appeals with respect to Petitioner's COA application improperly deviated from the mandates of this Court and of Congress such that Petitioner was denied his rights to appeal the disposal of his habeas corpus petition and to due process of law? 2. Whether the Appellate Court's denial of a COA as to Petitioner's grounds for relief -the "plea negotiation" ground, wherein he alleged violation of his Sixth Amendment right by counsel's admitted error in refusing to independently investigate the Government's contentions; the "testimony threat” ground, wherein , he alleged violations of his Fifth and Sixth Amendment rights by counsel's admitted coercion of his decision against taking the stand in his own defense; and the "PSR objection"/"Rule 32" ground, wherein he alleged that the failure to address his issues at sentencing, and the failure to address this claim on collateral review, violated Rules 32(c)(3)(D) and 32(i)(3)(B) of , the F.R.Crim.P. and his rights to. due process of law-was thus contrary to clearly-established precedent?. 3. Whether the Supreme Court should exercise its supervisory power and resolve a circuit split by declaring that courts must properly address and resolve all constitutional claims presented in habeas petitions prior to disposing thereof? :

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2018-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2019)
2018-04-17
Application (17A1123) granted by Justice Gorsuch extending the time to file until July 16, 2018.
2018-04-10
Application (17A1123) to extend the time to file a petition for a writ of certiorari from May 17, 2018 to July 16, 2018, submitted to Justice Gorsuch.

Attorneys

Bryan Austin
Bryan Austin — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent