No. 23-7558

Marcus Jones v. United States

Lower Court: Eighth Circuit
Docketed: 2024-05-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights district-court-ruling judicial-review merits-denial merits-determination procedural-denial reasonable-jurists
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether, under this Court's holdings, in Miller-El v. Cockrell , 537
U.S. 322 (2008), and Buck v. Davis, 580 U.S. 100 (2017), it is inadequate
for a Court of Appeals to merely deny an application for Certificate of
Appealability, without stating whether the denial is procedural, or on
the merits, thereby preventing meaningful review. Especially when the
applicant made a substantial showing of the denial of a Constitutional
right, by showing as to each issue that reasonable jurists would find
the District Court's ruling debatable or wrong.

Question Presented (AI Summary)

whether-court-of-appeals-denial-of-certificate-of-appealability

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-13
Waiver of right of respondent United States to respond filed.
2024-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2024)

Attorneys

Marcus Jones
Marcus Jones — Petitioner
United States
Elizabeth B. Prelogar — Respondent