No. 19-216

Harold Persaud v. United States

Lower Court: Sixth Circuit
Docketed: 2019-08-19
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability criminal-procedure daubert-standard district-court-opinion district-court-review due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction merits-review motion-to-vacate standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Reasonable Jurists Could Debate the Denial of Petitioner’s Motion to Vacate and Set Aside his Judgment of Conviction where the District Court’s Review of Such Petition Did Not Address the Merits of Petitioner’s Ineffective Assistance of Counsel Claims and Mistakenly Referenced the Arguments of a Different 2255 Petitioner in its Memorandum Opinion. 2. Whether a Certificate of Appealability Should Issue on Petitioner’s Ineffective Assistance of Counsel Claim Where Defense Counsel Failed to Object or Otherwise Challenge the Admission of Improper Expert Testimony and Lay Opinion Testimony in violation Criminal Rule 16 and Evidence Rules 701, 702, 703, and 704, and Where the District Court Failed in its “Gatekeeper” Obligations Under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1998) and Evidence Rule 702. ii STATEMENT REQUIRED BY RULE 14.1 Pursuant to Supreme Court Rule 14.1, Petitioner states that all

Docket Entries

2019-10-07
Petition DENIED.
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-08-27
Waiver of right of respondent United States of America to respond filed.
2019-08-14
Petition for a writ of certiorari filed. (Response due September 18, 2019)

Attorneys

Harold Persaud
Richard G. LillieLillie & Holderman, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent