No. 24-105

Boris Kotlyarsky v. Department of Justice, et al.

Lower Court: Second Circuit
Docketed: 2024-07-31
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: constitutional-rights conviction criminal-plea criminal-procedure due-process evidence habeas-corpus innocence judicial-review procedural-safeguards
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2024-11-22 (distributed 2 times)
Question Presented (AI Summary)

In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence demonstrating that the accused never committed the crime?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence demonstrating that the accused never committed the crime? 2. Is a District Court Judge obligated to ensure due process by scrutinizing a plea in a criminal case and the underlying circumstances before accepting the plea? . i

Docket Entries

2024-11-25
Rehearing DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-11-01
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-09-04
DISTRIBUTED for Conference of 9/30/2024.
2024-08-30
Waiver of Department of Justice, et al. of right to respond submitted.
2024-08-30
Waiver of right of respondent Department of Justice, et al. to respond filed.
2024-03-31

Attorneys

Boris Kotlyarsky
Boris Kotlyarsky — Petitioner
Boris Kotlyarsky — Petitioner
Department of Justice, et al.
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent