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
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2021-09-27
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

Question Presented (OCR Extract)

QUESTION PRESENTED 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