No. 22-7032

Scott Lynn Fishbein v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Should a certificate of appealability have been issued for review of an appeal of the denial of a 28 U.S.C. §2255 petition based on ineffective assistance of counsel and actual innocence?

Question Presented (OCR Extract)

Question Presented for Review ‘ Should a certificate of appealability havé been issued by the court of ‘ appeals for review of an appeal of the denial of a 28 U.S.C. §2255 which presented facts proving that an innocent man was compelled by false infor: mation from his defense counsel, and his defense counsel, to falsely plead guilty when there was no evidence to prove the alleged offense?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-22
Waiver of right of respondent United States to respond filed.
2023-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2023)
2022-12-13
Application (22A518) granted by Justice Alito extending the time to file until January 22, 2023.
2022-11-01
Application (22A518) to extend the time to file a petition for a writ of certiorari from November 23, 2022 to January 22, 2023, submitted to Justice Alito.

Attorneys

Scott Lynn Fishbein
Scott Lynn Fishbein — Petitioner
Scott Lynn Fishbein — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent