No. 18-8104

Robert William Frazier v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-justice civil-rights constitutional-rights constitutional-screening due-process habeas-corpus judicial-review merits-analysis procedural-standard standard-of-review supreme-court-precedent
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the circuit justice supplanted the COA screening procedure with a merits analysis

Question Presented (OCR Extract)

issues presented are adequate to deserve encouragement to proceed further. Buck v. Davis, 580 U.S. ___, 137 S. Ct. 759, 197 L. Ed. 2d 1 (2017)(quoting Miller-El v. Cockrell, 537 U.S. 322, 327, 123 S. Ct. 1029, 1034, 154 L. Ed. 2d 931 (2003). . . , In addition, under the same premise of such screening, the circuit justice or judge limits its primary threshold inquiry, as to the merits analysis of each claim, without a full consideration of the factual bases adduced in support ; of the claims. Id. 137 S. Ct. 759. Under this’ syllogism, did the circuit justice for The , Eleventh Circuit supplant an ersatz screening COA procedure, I. not in comport with Supreme Court precedent, when it fully considered the facts and legal bases of Appellant's claims request for a COA, and thus ultimately ruling on the merits of each claim, as denied by the district court? Il.

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-05
Waiver of right of respondent United States to respond filed.
2019-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Robert William Frazier
Robert william Frazier — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent