No. 20-5201

Travaris Crawford v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-procedure certificate-of-appealability cross-appeal district-court eleventh-circuit habeas-corpus jennings-v-stephens judicial-procedure
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether Jennings v. Stephens allows an appellee to expand the certificate of appealability and urge affirmance of a district court denial of a habeas corpus petition on an issue that the district court expressly did not address without an appellee having to take a cross appeal?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW In United States v. American Railway Express Co., 265 U.S. 425, 435 (1924), this Court held that an appellee need not cross appeal in order to urge affirmance of the judgment based on a reason appearing on the record even if it attacks the reasoning of the lower court. In Jennings v. Stephens, 135 S. Ct. 793 (2015), this Court applied American Railway in the habeas corpus context and held that an appellee need not cross-appeal and need not get a certificate of appealability to urge affirmance based on an issue rejected by the district court. This petition presents the following question: Whether Jennings v. Stephens allows an appellee to expand the certificate of appealability and urge affirmance of a district court denial of a habeas corpus petition on an issue that the district court expressly did not address without an appellee having to take a cross appeal? i INTERESTED PARTIES There are no

Docket Entries

2020-10-05
Petition DENIED.
2020-08-06
DISTRIBUTED for Conference of 9/29/2020.
2020-07-31
Waiver of right of respondent United States to respond filed.
2020-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2020)

Attorneys

Travaris Crawford
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent