No. 19-5287

Robert Daley v. United States

Lower Court: Fourth Circuit
Docketed: 2019-07-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split coram-nobis deportation due-process judicial-review morgan-standard sound-reasons united-states-v-morgan writ-of-error
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Fourth Circuit erroneously ruled, thereby deepening a conflict among the circuits, that excessive delay precludes federal coram nobis relief, despite petitioner's showing of 'sound reasons' pursuant to this Court's ruling in United States v. Morgan, 346 U.S. 502, 512 (1954)

Question Presented (OCR Extract)

QUESTION PRESENTED The All Writs Act authorizes federal courts to vacate defective convictions by the writ of error coram nobis. This Court clarified in United States v. Morgan, 346 U.S. 502, 512 (1954), that coram nobis relief may be granted to achieve justice when no other remedy is available and when “sound reasons” exist for delay in seeking the relief. The question presented is: Whether the Fourth Circuit erroneously ruled, thereby deepening a conflict among the circuits, that excessive delay precludes federal coram nobis relief, despite petitioner's showing of “sound reasons” pursuant to this Court’s ruling in United States v. Morgan, 346 U.S. 502, 512 (1954). i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-07-31
Waiver of right of respondent United States to respond filed.
2019-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)
2019-05-21
Application (18A1195) granted by The Chief Justice extending the time to file until July 25, 2019.
2019-05-01
Application (18A1195) to extend the time to file a petition for a writ of certiorari from June 25, 2019 to July 25, 2019, submitted to The Chief Justice.

Attorneys

Robert Daley
Christopher Justin BrownBrown Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent