No. 19-5215

Lowrell Neal v. United States

Lower Court: Sixth Circuit
Docketed: 2019-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion appellate-review circuit-court clearly-erroneous criminal-procedure habeas-corpus law-of-the-case manifest-injustice procedural-error sixth-circuit
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Sixth Circuit err by holding the district court properly applied the law-of-the-case to an issue presented in 2255 motion when prior appellate court decision was clearly erroneous and resulted in a manifest injustice?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : 1. DID THE SIXTH CIRCUIT ERR BY HOLDING THE DISTRICT COURT PROPERLY APPLIED THE LAW-OF-THE-CASE TO AN ISSUE PRESENTED IN 2255 MOTION . WHEN PRIOR APPELLATE COURT DECISION WAS CLEARLY ERRONEOUS AND . . RESULTED IN A MANIFEST INJUSTICE? : . : Petitioner's suggestion is yes. , ; Respondent's suggestion is no. . : 2. DID THE SIXTH CIRCUIT ERR BY DENYING PETITIONER'S MOTION TO EXPAND COA ISSUES TO INCLUDE A CLAIM THE DISTRICT COURT FAILED TO ADDRESS AND DECIDE ON THE MERITS? ‘ , Petitioner's suggestion is yes. , : Respondent's suggestion is no: ; Lasi- ~ . :

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Waiver of right of respondent United States to respond filed.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)

Attorneys

Lowrell Neal
Lowrell Neal — Petitioner
Lowrell Neal — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent