No. 22-5259

Elseddig Elmarioud Musa v. United States

Lower Court: Ninth Circuit
Docketed: 2022-08-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review buck-v-davis certificate-of-appealability constitutional-rights court-of-appeals due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel supreme-court-precedent
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability (COA) in distegard of the rule announced in Buck v Davis"

Question Presented (OCR Extract)

Questions Presented | 1, Where a Court of Appeals denies a Petition for Issuance of | a Certificate of Appealability (“COA”) in distegard of the | rule announced in Buck v Davis, this Court should issue a | Writ of Certiorari ordering the Court of Appeals to vacate | its Decision and render a decision on remand in strict | compliance with Buck v Davis in order to foster and demand compliance in the Courts of Appeal with Supreme | Court precedent and the due process clause of the Constitution. 2. Where a Court of Appeals denies a Petition for Issuance of a Certificate of Appealability (“COA”) in violation of the rule announced in Miller—El, this Court should issue a Writ of Certiorari ordering the Court of Appeals on remand to vacate tts Decision and hold an evidentiary hearing to resolve the questions of fact bearing on whether defense counsel did or did not provide ineffective assistance. 2

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of right of respondent United States to respond filed.
2022-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2022)

Attorneys

Elseddig E. Musa
Elseddig Musa — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent