No. 21-8175

Adrian Castro v. United States

Lower Court: Fifth Circuit
Docketed: 2022-06-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-procedure certificate-of-appealability court-of-appeals due-process government-objection habeas-corpus judicial-discretion procedural-jurisdiction sua-sponte sua-sponte-review
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the Court of Appeals may sua sponte raise an alleged inadequacy of its own Certificate of Appealability after the parties have fully briefed the merits

Question Presented (OCR Extract)

QUESTIONS PRESENTED Where the Court of Appeals itself grants a Certificate of Appealability and specifies the issue to be decided, the parties fully brief the merits, and the Government never objects to the adequacy of the COA, may the Court sua sponte raise an alleged inadequacy of its own COA? i

Docket Entries

2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-23
Waiver of right of respondent United States to respond filed.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2022)

Attorneys

Adrian Castro
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent