No. 19-5990

David Alan Vogel v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-18
Status: GVR
Type: IFP
Relisted (2)IFP
Tags: appellate-jurisdiction appellate-procedure circuit-court-jurisdiction circuit-court-split civil-procedure due-process judicial-review jurisdiction notice-of-appeal procedural-defect right-to-appeal standing supreme-court supreme-court-precedent
Key Terms:
HabeasCorpus
Latest Conference: 2020-06-04 (distributed 2 times)
Question Presented (AI Summary)

Did the Fifth Circuit Court of Appeals conflict with Supreme Court precedent by denying the petitioner's right to appeal based on a minor defect in the notice of appeal?

Question Presented (from Petition)

QUESTION PRESENTED 1. By Denying the Petitioner the right to appeal based on a minor defect in his NOTICE OF APPEAL, did the Fifth Circuit Court of Appeals conflict with the applicable decision of this Supreme Court as well as every other Circuit Court of Appeals? 1.

Docket Entries

2020-07-10
JUDGMENT ISSUED.
2020-06-08
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Banister</i> v. <i>Davis</i>, 590 U. S. ___ (2020).
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-26
Reply of petitioner David Alan Vogel filed.
2019-11-18
Memorandum of respondent United States filed.
2019-10-09
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2019.
2019-10-08
Motion to extend the time to file a response from October 18, 2019 to November 18, 2019, submitted to The Clerk.
2019-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2019)

Attorneys

David Alan Vogel
David Alan Vogel — Petitioner
David Alan Vogel — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent