No. 18-9150

Peter Victor Ayika v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights constitutional-speedy-trial effective-assistance-of-counsel ineffective-assistance-of-counsel sixth-amendment speedy-trial-act statutory-rights statutory-speedy-trial
Key Terms:
FourthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-05-30
Question Presented (AI Summary)

whether a certificate of Appealability (COA) should issue to pursue the Sixth Amendment claim on appeal

Question Presented (from Petition)

QUESTION(S) PRESENTED wee [1] ‘whether a certificate of Appealability (COA) should issue to pursue ‘the Sixth Amendment claim on appeal where petitioner's rights to Sixth Amendment constitutional right to effective assistance of counsel was denied when counsel was ineffective in failing to move to dismiss the indictment for violation of the Statutory and constitutional Speedy Trial Act (STA), [2] Whether a COA should issue to pursue Speedy Trial Act (STA) claims on appeal where petitioner's rights to statutory and constitutional Speedy trial were denied when more than thirty(30) days of the STA Section 3161(b)'s time limit was exceeded before the indictment was returned in this case. _.. [3]-Whether, under the Rule of this Honorahle Court, the Court of Appeals ib : erred when it denied -COA based on expressed view that claims : _presented in direct appeals for the first time and never raised in oe ; the district court are foreclosed, and therefore, preclude issuance . of a COA. . oo 2. Fa ' ”y

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-10
Waiver of right of respondent United States to respond filed.
2019-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2019)

Attorneys

Peter Victor Ayika
Peter Victor Ayika — Petitioner
Peter Victor Ayika — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent