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Zafar Bakhramovich Yadigarov v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10857 · judgment January 8, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

As petitions for writs of error corum nobis are not subject to any formal deadlines nor any statutes of limitations, the nation’s courts generally deny relief in the absence of any “sound reason” for delay as suggested by this Court in United States v. Morgan, 346 U.S. 502, 512 (1954), including offering no reasons at all, prejudice or harm to the respondent, or those cases in which the petitioner appears to be abusing the writ. What constitutes a “sound reason” for delay has been left to the lower courts to answer and define in their discretion on an ad hoc basis. Mr. Yadigarov, by this petition, presents the question as to what should constitute legally sufficient diligence, as a matter of law, in the pursuit of coram nobis relief; asked differently, what specific and express standard of care should uniformly govern the requirement of presenting “sound reasons” for any perceived delay in filing petitions for a writ of error corum nobis?

Counsel of record

For petitioner
Fritz Scheller
Fritz Scheller, P.L.

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 23 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 17 2021
    Waiver of right of respondent United States of America to respond filed.
  4. Jun 07 2021
    Petition for a writ of certiorari filed. (Response due July 12, 2021)