No. 20-5564

Antonio U. Akel v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brown-opinion Brown-v-Board due-process Eleventh-Circuit fair-trial recusal recusal-statute resentencing sentencing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the Eleventh Circuit's decision affirming the district court's refusal to conduct a full resentencing with the defendant present renders the precedential Eleventh Circuit Brown opinion useless and limited

Question Presented (OCR Extract)

No question identified. : STATEMENT OF THE ISSUE(S) I. WHETHER THE ELEVENTH CIRCUIT’S DECISION AFFIRMING THE DISTRICT COURT’S REFUSAL TO CONDUCT A FULL RESENTENCING WITH THE DEFENDANT PRESENT RENDERS THE PRECEDENTIAL ELEVENTH CIRCUIT BROWN OPINION USELESS AND LIMITED. Il. WHETHER THE ELEVENTH CIRCUIT’S USE OF AN OVERLY HIGH BAR OTHERWISE REQUIRED BY THE FEDERAL RECUSAL STATUTE EFFECTIVELY EVISCERATED THE CONSTITUTIONAL DUE PROCESS PROTECTIONS OF A FAIR TRIAL IN A FAIR TRIBUNAL. 1 STATEMENT OF THE ISSUE(S) OL WHETHER THE ELEVENTH CIRCUIT’S DECISION AFFIRMING THE DISTRICT COURT’S REFUSAL TO CONDUCT A FULL RESENTENCING WITH THE DEFENDANT PRESENT RENDERS THE PRECEDENTIAL ELEVENTH CIRCUIT BROWN OPINION USELESS AND LIMITED. ; I. WHETHER THE ELEVENTH CIRCUIT’S USE OF AN OVERLY HIGH BAR OTHERWISE REQUIRED BY THE FEDERAL RECUSAL STATUTE EFFECTIVELY EVISCERATED THE CONSTITUTIONAL DUE PROCESS PROTECTIONS OF A FAIR TRIAL IN A FAIR TRIBUNAL. 1 STATEMENT OF THE ISSUE(S) I. WHETHER THE ELEVENTH CIRCUIT’S DECISION AFFIRMING THE DISTRICT COURT’S REFUSAL TO CONDUCT A FULL RESENTENCING WITH THE DEFENDANT PRESENT RENDERS THE PRECEDENTIAL ELEVENTH CIRCUIT BROWN OPINION USELESS AND LIMITED. , Tl, WHETHER THE ELEVENTH CIRCUIT’S USE OF AN OVERLY HIGH BAR OTHERWISE REQUIRED BY THE FEDERAL -RECUSAL STATUTE EFFECTIVELY EVISCERATED THE CONSTITUTIONAL DUE PROCESS PROTECTIONS OF A FAIR TRIAL IN A FAIR TRIBUNAL. |

Docket Entries

2020-10-13
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-16
Waiver of right of respondent United States to respond filed.
2020-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

Antonio Akel
Noel LawrenceLAW OFFICES OF NOEL G. LAWRENCE, P. A., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent