No. 24-544

Patrick Emanuel Sutherland v. United States

Lower Court: Fourth Circuit
Docketed: 2024-11-14
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure coram-nobis fourth-circuit judicial-review post-conviction-remedy writ-of-error
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether the Fourth Circuit improperly limited the post-conviction remedy of a writ of coram nobis and created ambiguity in its scope

Question Presented (from Petition)

QUESTIONS PRESENTED This petition presents the following questions for certiorari review: 1. Whether, in conflict with the opinion of this Court, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conviction remedy of a writ of coram nobis. 2. Whether the dearth of this Court’s decisions regarding the post-conviction remedy of a writ of coram nobis has resulted in ambiguity in its scope. 3. Whether, in conflict with the decisions of other United States Courts of Appeals, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conviction remedy of a writ of coram nobis. 4, Whether the United States Court of Appeals for the Fourth Circuit has so far departed from the accepted and usual course of judicial proceedings as to call for an exercise of this Court’s supervisory power because it ruled that appellants are required to raise in their opening briefs issues that were not addressed nor ruled upon by the District Court or suffer affirmance based upon the doctrine of waiver.

Docket Entries

2025-01-13
Petition DENIED.
2024-12-04
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-11-12
Petition for a writ of certiorari filed. (Response due December 16, 2024)

Attorneys

Patrick Sutherland
Amber Eve DonnerGainor & Donner, Petitioner
Amber Eve DonnerGainor & Donner, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent