No. 19-5595

Marcel Malachowski v. United States

Lower Court: Second Circuit
Docketed: 2019-08-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process false-evidence government-misconduct government-misrepresentations habeas habeas-corpus ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct second-circuit
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the denial of COA violate due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED oe 1. Did The Denial of COA Violate Due’ Process Where The Second Circuit Court of Appeals Denied Effective And Meaningful Review As A Matter of Right When A Clear Claim of Ineffective Assistance of Counsel Was Deferred Fo Habeas Proceedings. ‘The Claim Presented On Direct Appeal Was Grounded Upon Government Misrepresentations Based Upon The Use of False Evidence . hich Influenced The Decision To Plead Guilty. . 2. Was The Second Circuit Court of Appeals Unreasonable In It's Threshold Evaluation of Petitioner's Constitutional Claims Under The Fifth And Sixth Amendments Where The District Court Held No Hearing In Resolution of Motion Brought Under §2255, 3. Did The District Court Error In Denying Petitioner's Claim That Prosecutorial Misrepresentations (Use of False Evidence) And Agent Misconduct (Evidence ; Tampering) Rendered Plea Involuntary And Unknowing. (i) ; : & . ,

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-27
Waiver of right of respondent United States to respond filed.
2019-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)
2019-06-14
Application (18A1309) granted by Justice Ginsburg extending the time to file until August 13, 2019.
2019-06-07
Application (18A1309) to extend the time to file a petition for a writ of certiorari from July 14, 2019 to August 13, 2019, submitted to Justice Ginsburg.

Attorneys

Marcel Malachowski
Marcel Malachowski — Petitioner
Marcel Malachowski — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent