No. 20-531

Derek Hutter v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-21
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2253 appellate-review certificate-of-appealability criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-hearing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the court of appeals improperly denied the Petitioner a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim(s) that his counsel rendered ineffective assistance of counsel by (1) failing to advise the Petitioner regarding available defenses in this case and/or (2) failing to object to the sentencing court’s consideration of an impermissible factor during the sentencing hearing. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent United States of America to respond filed.
2020-08-17
Petition for a writ of certiorari filed. (Response due November 20, 2020)

Attorneys

Derek Hutter
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent