No. 19-5374

Benson Coriolant v. United States

Lower Court: Fifth Circuit
Docketed: 2019-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abandoned-claims actual-appeal actual-innocence certificate-of-appealability criminal-justice-act criminal-procedure federal-rules-of-appellate-procedure fifth-circuit pro-se pro-se-litigant procedural-rules
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Fifth Circuit's holding that the pro se litigant has abandoned any claim(s) not raised in an application for a certificate of appealability is in conflict with the Supreme Court's decisions

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WHETHER THE FIFTH CIRCUIT'S HOLDING THAT THE PRO SE LITIGANT HAS ABANDONED ANY CLAIM(S) NOT RAISED IN AN APPLICATION FOR A CERTIFICATE OF APPEALABILITY — EXTENDING AND CONFLATING F.R.A.P. 28 APPLICABLE TO THE ACTUAL APPEAL BRIEF CONTEXT — IS IN CONFLICT WITH THE SUPREME COURT'S DECISIONS EMPHASIZING THAT THE PROCEDURES AND CONSIDERATIONS AT THE COA STAGE ARE TO BE DISTINGUISHED FROM AN ACTUAL APPEAL? II. WHETHER THE FIFTH CIRCUIT IMPROPERLY REFUSED TO CONSIDER AN ACTUAL INNOCENCE CLAIM RAISED FOR THE FIRST TIME IN AN APPLICATION FOR A CERTIFICATE OF APPEALABILITY? Itt. WHETHER THE FIFTH CIRCUIT RENDERED LESS THAN A FULL AND FAIR CONSIDERATION OF PETITIONER'S APPLICATION FOR A CERTIFICATE OF APPEALABILITY BY FAILING TO RECOGNIZE THAT THE SUPREME COURT STANDARDS AUTHORIZE THE ISSUANCE OF A COA EVEN WHEN THE ISSUE(S.) ARE NOT NECESSARILY DEBATABLE? Iv. WHETHER THE UNITED STATES SUPREME COURT MAY CONSIDER PETITIONER'S CLAIM THAT HIS CRIMINAL JUSTICE ACT APPOINTED COUNSEL FAILED TO ADVISE HIM OF THE TIME TO SEEK SUPREME COURT REVIEW, FOLLOWING HIS DIRECT CRIMINAL APPEAL, RAISED FOR THE FIRST TIME IN THE INSTANT PETITION FOR A WRIT OF CERTIORARI? -i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States to respond filed.
2019-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2019)
2019-03-08
Application (18A936) to extend the time to file a petition for a writ of certiorari from March 18, 2019 to May 17, 2019, submitted to Justice Alito.
2019-03-08
Application (18A936) granted by Justice Alito extending the time to file until May 17, 2019.

Attorneys

Benson Coriolant
Benson Coriolant — Petitioner
Benson Coriolant — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent