No. 23-7238

Richard Lee Devito v. United States

Lower Court: Sixth Circuit
Docketed: 2024-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-court duty-to-investigate habeas-corpus ineffective-assistance-of-counsel miller-el miller-el-standard panel-rehearing sixth-amendment sixth-circuit-law strickland strickland-ineffective-assistance
Key Terms:
SocialSecurity Immigration
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Did the Circuit Court exceed the threshold inquiry as prescribed in Miller-El?

Question Presented (OCR Extract)

Questions Presented for Review \ 1). Did the Circuit Court, initially composed of one judge, err by exceeding the "threshold inquiry" as prescribed by this Court in Miller-El? 2). Did the Circuit Court, by concluding no COA should issue, given “reasonable jurists will follow controlling law," err by failing to consider the claim was related to a failure to follow or apply the Sixth Circuit's controlling law in. Schock? 3). Did the Circuit Court err in finding previous counsel's single statement "adequately explained" or satisfied counsel's "duty to investigate’ pseudo counts under Strickland? 4). Did the Circuit Court panel, upon denying a request for panel rehearing, err by giving "careful any point of law or fact in issuing the order"; doing so without jurisdiction as proscribed by this Court in Miller-El? . ; . iii

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-01
Waiver of right of respondent United States to respond filed.
2023-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2024)

Attorneys

Richard L. Devito
Richard Lee Devito — Petitioner
Richard Lee Devito — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent