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Harold Persaud v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-3422 · judgment October 7, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether under Martinez v. Ryan1 and Trevino v. Thaler2 a Petitioner May Use Fed. R. Civ. P. 60(b) to Reopen a Proceeding Under 28 U.S.C. § 2255 on the Basis that Petitioner’s Original Section 2255 Habeas Counsel was Ineffective in Failing to Raise a Patent, Meritorious 2255 Claim, Thereby Creating a Defect in the Original 2255 Proceeding Which Authorizes Reopening the Proceeding under Gonzalez v. Crosby?3 1 Martinez v. Ryan, 132 S. Ct. 1309 (2012). 2 Trevino v. Thaler, 133 S. Ct. 1911 (2013). 3 Gonzalez v. Crosby, 545 U.S. 524 (2005).
Counsel of record
For petitioner
William Mallory Kent
Kent & McFarland
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- May 17 2021Petition DENIED.
- Apr 27 2021DISTRIBUTED for Conference of 5/13/2021.
- Apr 21 2021Waiver of right of respondent United States to respond filed.
- Apr 12 2021Petition for a writ of certiorari filed. (Response due May 17, 2021)