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Paul Ross Evans v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-50656 · judgment October 3, 2018


Certiorari denied · April 1, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In a proceeding under 28 U.S.C. § 2255, whether the right to choice of counsel or effective assistance is violated when counsel is appointed to represent fewer claims than the Government is ordered to respond to? In view of Fed. Rule App. Proc. 27(c), whether the logic of Hohn v. United States, 524 U.S. 236 (1998), requires that while a single circuit judge acting alone may grant an application for a certificate of appealability, only a panel of circuit judges may deny the application? In deciding an application for a certificate of appealability, whether the opinion of the court of appeals.should take the form of a judicial action amenable to review by this Court so as to comport with Hohn v. United States, 524 U.S. 236 (1998), rather than the merely conclusory form that may suffice for some administrative actions? Whether Evans was denied his right to an evidentiary hearing and/or his right to amend regarding his claims of actual innocence in accordance with habeas corpus standards? Whether 28 U.S.C. § 2255(f) is unconstitutional as a statute of limitations allowing the Government to get away with violating a defendant's constitutional rights unless habeas corpus is prosecuted before the time specified in the statute has passed?

Counsel of record

For petitioner
Paul Ross Evans

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 20 2019
    Rehearing DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 22 2019
    Petition for Rehearing filed.
  4. Apr 01 2019
    Petition DENIED.
  5. Mar 13 2019
    DISTRIBUTED for Conference of 3/29/2019.
  6. Mar 06 2019
    Waiver of right of respondent United States to respond filed.
  7. Feb 19 2019
    Petition for a writ of certiorari filed. (Response due March 25, 2019)