No. 19-7985

Charles Ray Hooper v. United States

Lower Court: Fifth Circuit
Docketed: 2020-03-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Must a defendant continue to challenge a procedural bar ruling after being granted a Certificate of Appealability?

Question Presented (from Petition)

QUESTIONS PRESENTED ARE: 1. Must a defendant who has been granted a Certificate of Appealability by the Court of Appeals continue to challenge a procedural bar ruling by the district court on the issue after the Court of Appeals has issued a COA to appeal that issue or risk "abandonment" of the claim, or may the petitioner appeal the issue as described in the COA without further argument as to a procedural bar? 2. Where the government has engaged in pre-plea misconduct and misrepresentations, including but not limited to withholding and concealment of material exculpatory evidence, is a defendant who pleaded guilty while unaware of such evidence, precluded by circuit precedent based on Brady v. Maryland, from claiming that his plea was unknowing, unintelligent and involuntary under Brady v. United States?

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-20
Waiver of right of respondent United States of America to respond filed.
2020-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2020)

Attorneys

Charles Hooper
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
Randall Harrison NunnRandall H. Nunn, Attorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent