No. 23-7344

Richard Arlee Champion v. United States

Lower Court: Fourth Circuit
Docketed: 2024-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 criminal-procedure due-process fifth-amendment habeas-corpus ineffective-assistance-of-counsel motion-to-vacate plea-bargaining pleading-timing pre-indictment-delay statute-of-limitations
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2024-05-30
Question Presented (AI Summary)

When determining the timeliness of a motion to vacate pursuant to 28 USC 2255, what pleading determines the relevant pleading when making that determination

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . I. WHEN DETERMINGING THE TIMLINESS OFA MOTION TO VACATE PURSUANT TO 28 USC 2255, WHAT PLEADING DETERMINES THE RELEVANT PLEADING WHEN MAKING THAT DETERMINATION ; II. CAN A DEFENDANT SECURE A FIFTH AMENDMENT DUE PROCESS VIOLATION RESULTING FROM PREJUDICIAL PRE INDICTMENT DELAY INCURRED IN NEGLIGENCE AND RECKLESS DISREGARD, PROVIDED THE PREJUDICE IS SUFFICIENTLY SEVERE III. WHERE A DEFENDANT REJECTS A FORMAL PLEA IN OPEN COURT, PURSUANT TO A COURTS FRYE HEARING, DOES THAT BAR HIM FROM MAKING A VALID CLAIM PURSUANT TO THIS COURTS RULING IN LAFLER V. COOPER

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-08
Waiver of right of respondent United States to respond filed.
2024-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2024)
2024-02-29
Application (23A801) granted by The Chief Justice extending the time to file until May 16, 2024.
2024-02-15
Application (23A801) to extend the time to file a petition for a writ of certiorari from March 17, 2024 to May 16, 2024, submitted to The Chief Justice.

Attorneys

Richard A. Champion
Richard Arlee Champion — Petitioner
Richard Arlee Champion — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent