No. 21-5124

Derrick Wilson v. United States

Lower Court: Second Circuit
Docketed: 2021-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights constitutional-rights criminal-procedure due-process due-process-clause evidence-fabrication government-misconduct habeas-corpus miller-el-standard standing
Latest Conference: 2021-09-27
Question Presented (from Petition)

Did the Court of Appeals err in concluding that Petitioner's Certificate of Appealability had not "made a substantial showing of the denial of a constitutional right" under Miller-El v. Cockrell, 537 U.S. 322 (2003); when Outrageous Government Conduct -fabrication of evidence by government officials-that shocks the conscience violates the Due Process Clause of the United States Fifth Amendment?

Question Presented (AI Summary)

Did the Court of Appeals err in concluding that Petitioner's Certificate of Appealability had not 'made a substantial showing of the denial of a constitutional right' under Miller-El v. Cockrell, 537 U.S. 322 (2003), when Outrageous-Government-Conduct-fabrication-of-evidence-by-government-officials-that-shocks-the-conscience-violates-the-Due-Process-Clause-of-the-United-States-Fifth-Amendment

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Waiver of right of respondent United States to respond filed.
2021-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Derrick Wilson
Derrick Wilson — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent