No. 23-7294

Robert Cota, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2024-04-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-procedure due-process evidentiary-hearing fifth-amendment habeas-corpus shackles shackling
Key Terms:
DueProcess FifthAmendment HabeasCorpus Privacy
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Whether the Ninth Circuit violated §2255(b) by failing to require an evidentiary hearing and, in doing so, failed to protect the defendant's Fifth Amendment right to be free from shackles during trial

Question Presented (OCR Extract)

ESTION PRESENTED FOR REVIEW Did the Ninth Circuit violate the constitutional guarantee of Due Process and 28 U.S.C. §2255(b) when denying Appellant an evidentiary hearing, despite specific allegations that he was shackled during trial which were supported by sworn declarations attesting that he was visibly (and sometimes audibly) shackled throughout his jury trial? Prefix

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.
2024-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2024)

Attorneys

Robert Cota
Martha McNab HallLaw Offices of Martha M. Hall, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent