No. 18-8816

Charles Ray Hooper v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-12
Status: Denied
Type: IFP
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
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 NunnRandall H. Nunn, Attorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent