No. 22-124

Brett C. Kimberlin v. United States

Lower Court: Seventh Circuit
Docketed: 2022-08-09
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: circuit-split civil-disability civil-rights collateral-consequences criminal-procedure due-process judicial-review standing writ-of-error-coram-nobis
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether a petitioner must show he suffers from a 'civil disability' before a court can grant a writ of error coram nobis

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a petitioner must show he suffers from a “civil disability’—that is, a collateral consequence that causes a substantial and present harm, is specific to the criminal context, and arises solely from the erroneous conviction— before a court can grant a writ of error coram nobis, as the First, Second, Sixth, and Seventh Circuits have held, or whether a court may instead presume that every conviction has collateral consequences that provide adequate standing to seek relief, as the Fourth, Ninth, and Eleventh Circuits have held. (i)

Docket Entries

2023-01-09
Petition DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-22
2022-11-10
Brief of respondent United States in opposition filed.
2022-10-04
Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2022.
2022-10-03
Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
2022-09-06
2022-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022.
2022-08-30
Motion to extend the time to file a response from September 8, 2022 to October 11, 2022, submitted to The Clerk.
2022-08-05
Petition for a writ of certiorari filed. (Response due September 8, 2022)
2022-05-31
Application (21A773) granted by Justice Barrett extending the time to file until August 6, 2022.
2022-05-26
Application (21A773) to extend the time to file a petition for a writ of certiorari from June 7, 2022 to August 6, 2022, submitted to Justice Barrett.

Attorneys

Brett C. Kimberlin
Jo-Ann Tamila SagarHogan Lovells US LLP, Petitioner
Neal Kumar KatyalHogan Lovells US LLP, Petitioner
Rights Behind Bars
Samuel David Kinder WeissRights Behind Bars, Amicus
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent