No. 19-7911
Thomas William Cornelius, Jr. v. United States
Response WaivedIFP
Tags: 2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
DueProcess HabeasCorpus CriminalProcedure
Latest Conference:
2020-04-03
Question Presented (AI Summary)
Whether a defendant has a right to be physically present at a re-sentencing hearing under 28 U.S.C. § 2255
Question Presented (OCR Extract)
QUESTION PRESENTED ON REVIEW With respect to a defendant who does not waive his right to be physically present during a re-sentencing hearing, held pursuant to a stipulated resolution of a motion under 28 U.S.C. § 2255, is it reversible error for the district court to refuse defendant’s request to physically appear for the resentencing hearing?
Docket Entries
2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-12
Waiver of right of respondent United States to respond filed.
2020-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2020)
Attorneys
Thomas Cornelius
Per C. Olson — Hoevet Olson Howes, PC, Petitioner
Per C. Olson — Hoevet Olson Howes, PC, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent