No. 18-8816
Charles Ray Hooper v. United States
Response WaivedIFP
Tags: 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2019-05-09
Question Presented (AI Summary)
Where an appellate court decides that circuit precedent precludes the use of a Brady violation to challenge the voluntariness of a guilty plea, does the denial of a Certificate of Appealability constitute an adjudication on the merits?
Question Presented (OCR Extract)
QUESTION PRESENTED 1. Where an appellate court, in connection with an application for a Certificate of Appealability ("COA"), decides that circuit precedent precludes the use of a Brady v. Maryland violation occurring prior to a guilty plea to challenge the voluntariness of the plea, does the denial of a COA based on that determination constitute an adjudication on the merits, contrary to the requirements of 28 U.S.C. § 2253 and Miller-El?
Docket Entries
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-18
Waiver of right of respondent United States of America to respond filed.
2019-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2019)
Attorneys
Charles Hooper
Randall Harrison Nunn — Randall H. Nunn, Attorney at Law, Petitioner
United States of America
Noel J. Francisco — Solicitor General, Respondent