No. 20-191

Patrick Ronald Silva v. United States

Lower Court: Fourth Circuit
Docketed: 2020-08-19
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2255 appellate-review certificate-of-appealability due-process fourth-circuit habeas-corpus miller-el-standard miller-el-v-cockrell
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Fourth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2255 was unreasonable and conflicts with the standards for a certificate of appealability to issue as set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003), thus depriving Mr. Silva of his right to obtain Habeas Corpus review?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. Whether the Fourth Circuit’s denial of Petitioner’s request for a certificate of appealability pursuant to 28 U.S.C. § 2255 was unreasonable and conflicts with the standards for a certificate of appealability to issue as set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003), thus depriving Mr. Silva of his right to obtain Habeas Corpus review? ii

Docket Entries

2020-10-05
Petition DENIED.
2020-08-26
DISTRIBUTED for Conference of 9/29/2020.
2020-08-24
Waiver of right of respondent United States of America to respond filed.
2020-08-13
Petition for a writ of certiorari filed. (Response due September 18, 2020)

Attorneys

Patrick Silva
Randolph Marshall Lee Sr.Attorney at Law, Petitioner
Randolph Marshall Lee Sr.Attorney at Law, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent