No. 22-7300

James D. Sullivan v. United States

Lower Court: Sixth Circuit
Docketed: 2023-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability counsel-abandonment counsel-misconduct federal-bench habeas-corpus judicial-misconduct miscarriage-of-justice plea-withdrawal pro-se pro-se-representation standing
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Will this Court remand with a certificate of appealability in a case where a district court perverted the habeas-corpus-process, counsel-misconduct, federal-bench, miscarriage-of-justice, pro-se, standing

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Will this Court remand with a certificate of appealability in a case where a district court perverted the habeas corpus process by ignoring specific bona fides claims of misconduct by a favored attorney slated for appointment to the federal bench? 2. Will this Court provide Petitioner his last chance at obtaining a full and fair review of his prima facie habeas corpus claims, : uncontested by the Government, of: a) counsel's abandonment at a critical plea withdrawal hearing where he told his client "It's your motion. You argue it.” b) Petitioner being compelled to argue his motion pro se involuntarily without any waiver of counsel or a Faretta _ Warning. c) counsel's standing by silently as a judge ridiculed Petittioner's meritorious argument, and her refusal to acknowledge or comply with the-law, and then d) counsel's testifying against his client and calling him a liar. which represent just a sample of the unrefuted factual allegations presented in Petitioner's § 2255 motion showing de facto bad behavior of the court and the misfeasance of counsel, resulting in a miscarriage of justice that begs for a fair review.

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-24
Application (22A924) denied by Justice Kavanaugh.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)
2023-04-11
Application (22A924) for a certificate of appealability, submitted to Justice Kavanaugh.

Attorneys

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