No. 23-6856

Stephen Aguiar v. United States

Lower Court: Second Circuit
Docketed: 2024-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights conflict-of-interest due-process fraud-on-court government-fraud habeas habeas-corpus ineffective-assistance rule-60b sixth-amendment
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2024-03-22
Question Presented (AI Summary)

Whether the Second Circuit wrongly denied a COA

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. IF |WERE DONALD TRUMP WOULD THIS COURT GRANT REVIEW OF THIS CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT PETITIONER'S UNOPPOSED MOTION TO REOPEN HABEAS PROCEEDING FOR FRAUD ON THE TRIAL COURT, THE APPEALS COURT, THE SUPREME COURT, AND THE HABEAS COURT IS BEYOND THE SCOPE OF FEDERAL RULE OF CIVIL PROCEDURE 60(b) AND WHETHER THE PETITIONER IS ENTITLED TO AN OPPORTUNITY TO SHOW THAT THE GOVERNMENT'S FRAUD ON THE COURTS STEMMING FROM ITS ILLEGALITY TAINTED A SUBSTANTIAL PART OF THE GOVERNMENT'S CASE AGAINST THIS PETITIONER? 2. IF | WERE DONALD TRUMP WOULD THIS COURT GRANT REVIEW OF THIS CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT THE . PETITIONER'S UNOPPOSED MOTION TO REOPEN HABEAS PROCEEDING TO CONSIDER PETITIONER'S 28 U.S.C. SECTION 2255 PRO SE-ARTICULATED CLAIMS RAISED THAT THE . DISTRICT COURT EITHER AVOIDED OR DID NOT ADDRESS ON THEIR MERITS !S BEYOND THE SCOPE OF FEDERAL RULE OF CIVIL PROCEDURE 60(b)? : 3. IF | WERE DONALD TRUMP WOULD THIS COURT GRANT REIVEW OF THIS CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT REASONABLE : JURISTS COULD DEBATE THE COURT'S RULING BECAUSE THE PETITIONER SHOWED BY CLEAR AND CONVINCING EVIDENCE OF LAW AND FACT UNDER STRICKLAND V. WASHINGTON THAT HE WAS DENIED HIS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH AMENDMENT? 4. 1F |WERE DONALD TRUMP WOULD THIS COURT GRANT REVIEW OF MY CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT THE COURT IS REQUIRED TO REEVALUATE THE CUMULATIVE EFFECT OF TRIAL COUNSEL'S ERRORS COMBINED WITH BOTH THE NEW EVIDENCE OF THE GOVERNMENT'S FRAUD ON THE COURT AND THE PETITIONER HAVING EXPUNGED HIS PRIOR CONVICTIONS? 5. IF |WERE DONALD TRUMP WOULD THIS COURT GRANT REVIEW OF MY CASE TO DECIDE WHETHER THE SECOND CIRCUIT WRONGLY DENIED A COA IN THIS CASE GIVEN THAT THE PETITIONER'S UNOPPOSED MOTION TO REOPEN HABEAS PROCEEDING TO CONSIDER THE MERITS OF HIS PRO SE-ARTICULATED 28 U.S.C. SECTION 2255 CLAIM OF CONFLICT OF INTEREST OF COUNSEL THAT THE DISTRICT COURT AVOIDED DECIDING OR INVESTIGATING AND WHETHER ITS FAILURE TO INVESTIGATE VIOLATED SECOND CIRCUIT BINDING AUTHORITY IS BEYOND THE SCOPE OF FEDERAL RULE OF CIVIL PROCEDURE 60(b)? Li

Docket Entries

2024-03-25
Petition DENIED.
2024-03-07
DISTRIBUTED for Conference of 3/22/2024.
2024-03-05
Waiver of right of respondent United States to respond filed.
2024-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2024)
2023-12-20
Application (23A563) granted by Justice Sotomayor extending the time to file until February 12, 2024.
2023-12-05
Application (23A563) to extend the time to file a petition for a writ of certiorari from December 13, 2023 to February 11, 2024, submitted to Justice Sotomayor.

Attorneys

Stephen Aguiar
Stephen Aguiar — Petitioner
Stephen Aguiar — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent