No. 19-7145

Carlos E. Rodriguez-Milian v. United States

Lower Court: First Circuit
Docketed: 2020-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §-2255-motion 2255-appeal appeals-court-discretion certificate-of-appealability habeas-corpus ineffective-assistance pro-se-motions procedural-default procedural-error subject-matter-jurisdiction summary-response
Key Terms:
HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Can an appeals court disregard the district court's procedural error and decide a COA application based on the underlying merits?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. A court of appeals lacks subject-matter jurisdiction to decide a § 2255 appeal's merits without granting a certificate of appealability. The First Circuit, effectively, circumvented the rule and usurped jurisdiction by ignoring the district court's procedural error---~that the movant defaulted an ineffective assistance claim by failing to raise it on appeal-and upholding an unexplained summary response that the § 2255 claims were meritless. Can an appeals court disregard the district court's procedural error and decide a COA application based on the underlying merits? 2. After the district court ruled on the § 2255 motion, the government : revealed its failure to timely disclose material information concerning the informants. Mr. Rodriguez-Milian submitted pro se motions that were inaccurately labeled; instead of recharacterizing the motions as motions to remand for purposes of amendment, the First Circuit denied the motions as labeled. Should the First Circuit have denied the pro se requests without liberally construing the motions in such a manner as to effectuate their purpose and avoid dismissal? -j[;

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent United States to respond filed.
2019-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2020)
2019-10-03
Application (19A370) granted by Justice Breyer extending the time to file until December 7, 2019.
2019-09-19
Application (19A370) to extend the time to file a petition for a writ of certiorari from October 8, 2019 to December 7, 2019, submitted to Justice Breyer.

Attorneys

Carlos Rodriguez-Milian
Carlos E. Rodriguez-Milian — Petitioner
Carlos E. Rodriguez-Milian — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent