No. 21-6407

Roy Thomas Phillips v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-11-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-claim constructive-denial-of-counsel due-process ineffective-counsel liberal-reading merits plea-proceedings plea-stage pro-se pro-se-petitioners
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the factual determination for denying the certificate of appealability was wrong and reversal is warranted

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW _ 1. The factual determination for denying the certificate of appealability was wrong and reversal is warranted. 2. Pro-se petitioners are to be given a liberal reading 7 : of motions and filings. ; 3. Certificate of appealability must be granted prior to a ruling on the merits or facts. ~ . 4. Antecedent constitutional claims can be argued to show the totality of failure of defense counsel, resulting in constructive denial of counsel at the plea stage of . a the proceedings, resulting in petitioner entering the . plea unknowingly and unintelligently. ,

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-03
Waiver of right of respondent United States to respond filed.
2021-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2021)

Attorneys

Roy T. Phillips
Roy Thomas Phillips — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent