No. 19-5523

Manuel Maldonado Aguilar v. United States

Lower Court: Eighth Circuit
Docketed: 2019-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion motion-reconsideration procedural-default procedural-ruling section-2255 standard-of-review successive-petitions
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Was petitioner's initial § 2255 Motion denied on the merit, for not demostrating or proving deficient performance or prejudice?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Was petitioner's initial § 2255 Motion denied on the merit, for not demostrating or proving deficient performance or prejudice? 2. Was it legal for the district court to deny petitioner's refiled initial ; § 2255 Motion as a successive § 2255 Motion, without the authorization from the court of appeals, and the previous § 2255 Motion addressed’ the merits of each : claims? 3. Was the district court's procedural ruling legal to deny petitioner's (1) Motion for reconsideration for his § 2255 Motion, (2) COA, and (3) to not answer the disqualification of the district judge? 4. Was it legally a contradiction when the district court first said we deny petitioner's refiled § 2255 as a successive and secondly the district court denied petitioner's request for Reconsideration with the COA? 5. Was it legal for the court of appeals to affirm the district court's procedural ruling by sidestepping the COA stage, and without petitioner's filing ; a COA brief? 6. Was petitioner's case decide on the merits? . .

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-21
Waiver of right of respondent United States to respond filed.
2019-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2019)

Attorneys

Manuel M. Aguilar
Manuel Maldonado Aguilar — Petitioner
Manuel Maldonado Aguilar — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent