No. 21-5408

Bruce Allen Rutherford v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-18
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-2255 criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining sixth-amendment
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (from Petition)

Court states that, Movant claimes counsel failed to inform him of plea
offers and allowed them to expire was not in §2255. (see Appendix A)
This statement clearly contradicts the court record, (see Appendix B).
The court knowingly and willfully created a "Structural Error" to avoid a
"Plain Error", Movant has on his on his original §2255.
If the Supreme Court does not use its judicial authority to correct the lower
courts, when they willfully ruled in contrast to there own court record, how
can the court maintain the confidence of the the American people in the
fairness and integrity of the courts?

Question Presented (AI Summary)

Whether the movant's claim that counsel failed to inform him of plea offers and allowed them to expire is cognizable under 28 U.S.C. § 2255

Docket Entries

2021-12-13
Rehearing DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-08
Petition for Rehearing filed.
2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-08
Waiver of right of respondent United States to respond filed.
2021-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2021)

Attorneys

Bruce Allen Rutherford
Bruce Rutherford — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent