No. 20-835

Warren Rosenfeld v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-12-22
Status: Denied
Type: Paid
Response Waived
Tags: 6th-amendment article-iii ausa-appointment certificate-of-appealability due-process eleventh-circuit miller-el presidential-commission sixth-amendment-right standing subject-matter-jurisdiction
Key Terms:
HabeasCorpus Securities Privacy JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Eleventh Circuit's denial of Petitioner's request for a certificate of appealability was unreasonable

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Eleventh Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 : U.S.C. § 2253(c) was unreasonable and conflicts with the standards for a certificate of appealability to issue as set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003), where Petitioner demonstrated a substantial showing of the denial of a constitutional right regarding . whether or not the District Court of the Middle District of Florida had Article III] subject-matter jurisdiction over Petitioner's case. 2. Whether an Assistant United States Attorney appointed to office by the Department of Justice must be appointed by the Attorney General. 3. Whether an appointee must have a Presidential Commission to complete their appointment to office as an Assistant United States Attorney. , 4. Whether a prior oath of office from an original appointment as an Officer of the United States carries over to new appointments. 5. Whether an Assistant United States Attorney has a permanent appointment to office, or must be reappointed after their appointing officer vacates office or there is a new Chief Executive. ii 6. Whether conclusive competent proof of the investiture to office as an AUSA requires copies of an appointee's: (1) current letter of appointment from the Attorney General; (2) current Presidential Commission for the appointment; and (3) current oath of office. 7. Whether the Eleventh Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) was unreasonable and conflicts with the standards for a certificate of appealability to issue . | as set forth in Miller-El, where Petitioner demonstrated a substantial showing of the denial of | the Sixth Amendment right to counsel, when Petitioner's counsel neglected to act on the district a | court's lack of Article III subject-matter jurisdiction. , 8. Whether the Eleventh Circuit's denial of Petitioner's | request for a certificate of appealability pursuant to 28 , U.S.C. § 2253(c) was unreasonable and conflicts with : ; ; the standards for a certificate of appealability to issue as set forth in Miller-El, where Petitioner : demonstrated a substantial showing of the denial of the Sixth Amendment right to counsel when Petitioner's counsel, in violation of attorney-client privilege, provided confidential documents containing the essence of Petitioner's defense to the government attorneys prior to trial. , iii |

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-07
Waiver of right of respondent United States to respond filed.
2020-12-16
Petition for a writ of certiorari filed. (Response due January 21, 2021)

Attorneys

United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Warren Rosenfeld
Warren E. Rosenfeld — Petitioner
Warren E. Rosenfeld — Petitioner