No. 20-7179

Nelson Viera v. Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-02-19
Status: Denied
Type: IFP
IFP
Tags: civil-procedure court-jurisdiction fraud fraud-upon-court judicial-discretion jurisdiction legal-interpretation miscarriage-of-justice procedural-review rule-60 supreme-court
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether the lower Courts are properly interpreting and implementing the Supreme Court decree about jurisdiction and fraud upon the Court under Rule 60(d)(3)(1) Motion

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the lower Courts are properly interpreting and implementing the Supreme Court decree about jurisdiction and fraud upon the Court under Rule 60(d)(3)(1) Motion. 2. Whether the District Court where the fraud has occurred, has completed its decision making process, and whether the result of that process does not lead to a miscarriage of justice. 3. Whether a Court of Appeal abuses its discretion in refusing to permit consideration of a vital intervening legal development when the failure to do so precludes a District Court from ever giving any adjudication of Petitioner’s Rule 60(d)(3)(1) on the merits. 4. Whether the public has a right to have confidence that all lawyers who are members of the Bar are deserving of their trust in every transaction. 5. Whether the public welfare demands that the agencies of public justice be not so impotent that they must always be mute and helpless victims of deception and fraud. Hazel-Atlas, 322 U.S. 238, 64 S. Ct. 997, 88 L. Ed. 1250 (1944) Jd. at 322 US. 246. ii

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2021)

Attorneys

Nelson Viera
Nelson Viera — Petitioner
Nelson Viera — Petitioner