No. 19-8633
Weylin O. Rodriguez v. United States
Response WaivedIFP
Tags: certiorari-review due-process eleventh-circuit evidentiary-hearing habeas-corpus miller-el-standard precedent remand section-2255 supreme-court-precedent title-28-U.S.C-2255
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2020-09-29
Question Presented (AI Summary)
Whether the Eleventh Circuit's decision not to remand for an evidentiary hearing was contrary to precedent requiring such a hearing under 28-U.S.C-2255
Question Presented (OCR Extract)
QUESTIONS PRESENTED FOR REVIEW A writ of certiorari be granted since the Eleventh Circuit's decision in not remanding to the lower court was contrary to precedent of this court which required an evidentiary hearing according to Title 28 U.S.C. § 2255. A writ of certiorari should be granted in light of the Supreme Court’s decision in Hill v. Lockhart, 474 U.S. 52 (1985). This court's decision in Miller-El v. Cockrell, 123 S. Ct. 1029 (2003) required that a COA should have been granted. ii
Docket Entries
2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent United States to respond filed.
2020-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2020)
Attorneys
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent
Weylin O. Rodriguez
Weylin O. Rodriguez — Petitioner