No. 18-8345

Gary Lakey v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction
Key Terms:
HabeasCorpus
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the underlying §2255 motion claims were without merit?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , . Question #1 Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the : underlying §2255 motion claims were without merit? Question #2 Did the District Court err when it denied Petitioner's §2255 motion without holding an evidentiary hearing as required by Rule and statute? Question #3 Did the District Court err when it found Petitioner's indictment was sufficient, in conflict with the precedent of this Court and the Eleventh Circuit's precedent . ; a in Petitioner's own direct appeal?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States to respond filed.
2019-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Gary Lakey
Gary Lakey — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent