No. 19-6419

Scott Wilson v. United States

Lower Court: Fourth Circuit
Docketed: 2019-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Whether the district court erred in denying Wilson's habeas claim alleging counsel's unreasonable failure to investigate law and misadvice, thereby rendering his plea unknowingly and unintelligently entered, and abused its discretion in denying an evidentiary hearing despite numerous affidavits alleging facts outside the record

Question Presented (OCR Extract)

QUESTION(S) PRESENTED DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE DISTRICT COURT; (1) ERRS DENYING WILSON'S HABEAS CLAIM(S) ALLEGING COUNSEL'S UNREASONABLE FAILURE TO INVESTIGATE LAW & MISADVICE . THEREBY RENDERING HIS PLEA UNKNOWINGLY AND UNINTELLIGENTLY ENTERED, & FURTHER; . (2) ABUSES ITS' DISCRETION DENYING AN EVIDENTIARY HEARING . DESPITE NUMEROUS AFFIDAVITS PRESENTED ALLEGING FACTS : OUTSIDE THE RECORD REGARDING THE PRECEDING CLAIM... DOES THE FOURTH CIRCUIT'S DECISION CONTRAVENE SUPREME COURT PRECEDENT GOVERNING CERTIFICATE OF APPEALABILITY AS WELL AS , AUTHORITY ENFORCING CONSTITUTIONAL RESTRAINTS oN THE COMMERCE . CLAUSE'S REACH? .

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-11-01
Waiver of right of respondent United States to respond filed.
2019-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2019)

Attorneys

Scott Wilson
Scott Wilson — Petitioner
Scott Wilson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent