No. 20-6121

Jesus Adam Lizarraga v. United States

Lower Court: Eighth Circuit
Docketed: 2020-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability eighth-circuit guilty-plea ineffective-assistance ineffective-assistance-of-counsel massaro-precedent massaro-v-united-states procedural-default
Key Terms:
HabeasCorpus
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the Eight Circuit's denial of a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Eight Circuit’s denial of a certificate of appealability, where the district court summarily denied Mr. Lizarraga’s motion to vacate, based on that court’s erroneous determination that his claim that his guilty plea was the result of gross misadvice, including former counsel's “promise that [Lizarraga] would not serve a prison sentence over 18 years,” constituting ineffective assistance of counsel was procedurally defaulted because he “failed to raise [this claim of ineffective assistance of counsel] on direct appeal,” is irreconcilable with this Court’s holding in Massaro v. United States, 538 U.S. 500 (2003), such that this Court should remand to the United States Court of Appeals for the Eighth Circuit with instructions to issue a certificate of appealability?

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States to respond filed.
2020-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2020)

Attorneys

Jesus Lizarraga
Jesus Adam Lizarraga — Petitioner
Jesus Adam Lizarraga — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent