No. 18-8458

Oniel Winston Scarlett v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-circuit appellate-review buck-v-davis certificate-of-appealability certificate-of-appealability-coa due-process eleventh-circuit ineffective-assistance-of-counsel judicial-reasoning merits-analysis merits-review reasonable-jurist sentencing
Key Terms:
SocialSecurity Immigration
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Should the Eleventh Circuit provide a sufficient explanation of its order denying a COA in order that a reasonable jurist could ensue its reasoning did not improperly include the substantive merits?

Question Presented (from Petition)

QUESTIONS PRESENTED . The Eleventh Circuit Court of Appeals denied Mr. Scarlett's application for a certificate of appealability and reconsideration of the COA decision, but its denial consisted of a boilerplate order that failed to identify the factual predicates or legal premises necessary for its ruling. The Eleventh Circuit's perfunctory order not only forecloses meaningful review, but prevents any court from determining whether the Eleventh Circuit complied with this Court's ruling in Buck v. Davis, 137 S. Ct. 759 (2017). Should the Eleventh Circuit provide a sufficient explanation of its order denying a COA in order that a reasonable jurist could ensue its reasoning did not improperly include the substantive merits? A federal appeals court should decide whether to grant a certificate of appealability based on a cursory assessment of the merits, and then only to the extent necessarily to determine if reasonable jurists would find the district court resolution debatable. The appeals court, without briefing, reviewed the district court record and denied a COA despite sentencing counsel's failure to identify that the district court violated U.S.S.G. § 1Bl.3 and U.S.S.G. Guideline Amendment 790. . Jurists of reason would find the district court's assessment of trial counsel's performance debatable and the appellate court functionally performing . a pre-COA merits analysis wrong. Should the appellate court have granted a certificate of appealability before deciding an COA application? . -i,

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-27
Waiver of right of respondent United States to respond filed.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2019)
2018-09-12
Application (18A249) granted by Justice Thomas extending the time to file until November 12, 2018.
2018-08-23
Application (18A249) to extend the time to file a petition for a writ of certiorari from September 13, 2018 to November 12, 2018, submitted to Justice Thomas.

Attorneys

Oneil Scarlett
Oniel Scarlett — Petitioner
Oniel Scarlett — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent