No. 20-6944

Jose Manuel Zavala-Marti v. United States

Lower Court: First Circuit
Docketed: 2021-01-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-material civil-procedure due-process fifth-amendment habeas-corpus magistrate-act
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-02-19
Question Presented (AI Summary)

whether-zavla-made-a-substantial-showing-of-a-denial-of-his-right-to-due-process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER ZAVLA MADE A SUBSTANTIAL SHOWING OF A DENIAL OF HIS RIGHT TO DUE PROCESS OF LAW AS SECURED . UNDER FIFTH AMENDMENT OF THE UNITED STASTES CONSTITUTION ENCOURAGING THE FIRST CIRCUIT COURT OF APPEALS TO PROCEED FURTHER AND GRANT HIM THE COA. Il. WHETHER THE FIFTH AMENDMENT PROTECTIONS EXTENDS TO HABEAS CORPUS PETITIONER UNDER THE UNITED STATES CONSTITUTION TO A DEFENDANT WHO PLEAD GUILTY DURING TRIAL AND FILED HIS CLAIM PURSUANT 28 U.S.C. S 2255 PROCEEDINGS AFTER EXHAUSTING HIS DIRECT APPEAL AND LEARNING THAT HIS CO-DEFENDANTS CONVICTION WAS OVERTURNED AND ORDERED A NEW TRIAL DUE TO THE GOVERNMENT SUPPRESSION OF BRADY MATERIAL DURING THEIR THE PRE-TRIAL AND TRIAL PROCESS REQUIRES EQUAL APPLICATION OF JUSTICE TO ALL THE DEFENDANTS WHOM DECIDED TO STAND TRIAL REGARDLESS THE LEGAL STAGE WHERE THE CLAIM WAS FIRSTLY RAISED UNDER DOCTRINE OF BRADY AND THIS COURT STARE DECICES CASES. Ill. _WHETHER DISTRICT COURT’S DECISION TO SUA SPONTE DISMISS HABEAS CORPS PETITIONS AFTER REFERING THE PETITIONS TO A MAGISTRATE JUDGE FOR 2255 PROCEEDINGS ANDREPORT AND RECOMMENDATIONS VIOLATES THE FEDERAL MAGISTRATE ACT AND THE RULES GOVERNING 2255 PROCEEDINGS TO HAVE PARTIES CONTROVERTED FACTS AND ISSUES BE HEARD AND RESOLVED THROUGH EVIDENTIARY HEARINGS. tH

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-28
Waiver of right of respondent United States to respond filed.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2021)

Attorneys

Jose Manuel Zavala-Marti
Jose Manuel Zavala-Marti — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent