No. 18-8485

In Re Michael David Hower

Lower Court: N/A
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 constitutional-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review mandamus massaro-v-united-states plea-coercion prohibition
Latest Conference: 2019-05-09
Question Presented (from Petition)

1. Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Court, to protect his constitutional and statutory rights guaranteed in Massaro v. United States, 538 US 500, to a full and fair judicial review of cognizable claims of ineffective assistance of counsel with an evidentiary hearing to resolve material factual disputes never resolved in his 2012 28 U.S.C. §2255 petition?

2'. Is the failure of the district court and the United States Court of Appeals to hold an evidentiary hearing to allow the petitioner to develop an ineffective assistance of counsel claim that he was coerced into pleading guilty to a crime he did not commit by the AUSA and his attorneys, who later refused to move for withdrawl of his guilty plea as ordered before sentencing, the type of' extraordinary circumstances correctable by mandamus?

Question Presented (AI Summary)

Is the petitioner entitled to immediate relief, including mandamus or prohibition from this Court, to protect his constitutional and statutory rights guaranteed in Massaro v. United States, 538 US 500, to a full and fair judicial review of cognizable claims of ineffective assistance of counsel with an evidentiary hearing to resolve material factual disputes

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-02
Waiver of right of respondent UNITED STATES to respond filed.
2019-02-21
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

In Re Michael David Hower
Michael David Hower — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent