No. 23-6823

Troy Raynard Alexander v. United States

Lower Court: Fourth Circuit
Docketed: 2024-02-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-05-30 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court abused their discretion by denying a COA

Question Presented (from Petition)

QUESTION(S) PRESENTED QUESTON NUMBER ONE: Whether the lower court abused their discretion by denying Mr. Alexander a C.O.A. as it is debatable amongst of jurists of reason as to whether his Guilty Plea was entered “unknowingly and unintelligently” and VOID in light of the U.S. Supreme Court’s Ruling in Rehaif v. United States, 139 S. Ct. 2191 (2019), in which added an additional element in which must be proven to establish guilt for a violation of Section 922 (g) (1), thus, was his Fifth Amendment Due Process Clause Rights violated ? QUESTION NUMBER TWO: Whether the lower court abused their discretion by denying Mr. Alexander a C.O.A. as it is debatable amongst of jurists of reason as to whether his Superseding Indictment is fatally defective as it omits an essential element of the offense and required statutory language of 18 U.S.C. 922 (g) (1), thus, in light of the U.S. Supreme Court’s Ruling in Rahaif v. United States, 139 S. Ct. 2191 (2019), was his Fifth Amendment Grand Clause Rights and Sixth Amendment Rights violated ? QUESTION NUMBER THREE: Whether the Fourth Circuit Court of Appeals failure to provide Mr. Alexander with a Written Opinion articulating a legal basis for the . ii. 11/13/2023 * denial of a Certificate of Appealability in which to provide this Court with a sufficient basis for review does this violate his Procedural due process of law; and U.S. Supreme Court precedents ? iii. 11/13/2023

Docket Entries

2024-06-03
Rehearing DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-04-16
Petition for Rehearing filed.
2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-07
Waiver of right of respondent United States to respond filed.
2023-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2024)

Attorneys

Troy Raynard Alexander
Troy Raynard Alexander — Petitioner
Troy Raynard Alexander — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent