No. 22-6609

James D. Thomas v. United States

Lower Court: Sixth Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 brady-violation due-process evidentiary-hearing fifth-amendment fourteenth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Did the Sixth Circuit Court of Appeals violate petitioner's Fifth and Fourteenth Amendment right by denying petitioners 28 USC § 2255 motion to vacate, correct or set aside sentence pertaining to a Brady violation? Was petitioner's right to due process violated?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) DID THE SIXTH CIRCUIT COURT OF APPEALS VIOLATE PETITIONER'S FIFTH AND FOURTEENTH AMENDMENT RIGHT BY DENYING PETITIONERS 28 USC § 2255 MOTION TO VACATE, CORRECT OR SET ASIDE SENTENCE PERTAINING TO A BRADY VIOLATION? WAS PETITIONER'S RIGHT TO DUE PROCESS VIOLATED? ; 2) DID THE COURTS BELOW COMMIT REVERSIBLE ERROR, DENYING PETIIONER'S 28 USC § 2255 MOTION TO VACATE, CORRECT OR SET ASIDE SENTENCE, WITHOUT CONDUCTION [A]N EVIDENTIARY HEARING TO RESOLVE FACTUAL DISPUTES?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-31
Waiver of right of respondent United States to respond filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

James D. Thomas
James D. Thomas — Petitioner
James D. Thomas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent