No. 18-8159

Phillip Camillo-Amisano v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability constitutional-crisis constitutional-violation due-process fifth-circuit habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice strickland-standard supreme-court
Key Terms:
DueProcess FifthAmendment FirstAmendment HabeasCorpus
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Did the Court of Appeals for the Fifth Circuit improperly deny a Certificate of Appealability (COA), violating due process in a manner that conflicts with relevant decisions of Supreme Court, endoring a castastrophic fundamental miscarriage of justice?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Did the Court of Appeals for the Fifth Circuit improperly deny a Certificate of Appealability (COA), violating due process in a manner that conflicts with relevant decisions of Supreme Court, endoring a castastrophic fundamental miscarriage of justice? 2. Did the Court of Appeals and District Court of Northern Texas improperly deny the petitioner's COA without addressing his motion, pursuant to 28 U.S.C. 2255 motion to vacate his ; conviction based on Supreme Courts ruling in Strickland v. Washington, arrising from prejudice by multiple instances of ineffective assistance of counsel? 3. Did the Court of Appeals for the Fifth Circuit impose and unduly burdensome COA standard contravening the Supreme Courts decisions, leading toa constitutional crisis? 4. Did the Court of Appeal violate due process with denial of evidentiary hearing when the Court simultanevasly denied the petitioner motion pursuant to 28 U.S.C. motion purely on procedural grounds when not addressing the merits of the underlying constitutional question, even when the Government requested a hearing?

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-04-25
Petition for Rehearing filed.
2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-05
Waiver of right of respondent United States to respond filed.
2019-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)

Attorneys

Phillip Camillo-Amisano
Phillip Camillo-Amisano — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent