No. 21-6863

Nesly Loute v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-review certificate-of-appealability district-court evidentiary-hearing habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel remand section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the Eleventh Circuit's denial of a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Eleventh Circuit’s denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by denying Mr. Loute's §2255 motion without holding an evidentiary hearing where his entitlement to relief on his claim of ineffective assistance of counsel was not conclusively refuted and the live testimony of Mr. Loute, his former counsel, and his proposed witnesses was integral to the accurate assessment of the merits of Mr. Loute's claim, is irreconcilable with controlling precedent, such that this Court should remand to the United States Court of Appeals for the Eleventh Circuit with instructions to issue a certificate of appealability?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-20
Waiver of right of respondent United States to respond filed.
2022-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Nesly Loute
Nesly Loute — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent