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Warren Rosenfeld v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10321 · judgment August 20, 2020


Certiorari denied · February 22, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether the Eleventh Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2253(c) was unreasonable and conflicts with the standards for a certificate of appealability to issue as set forth in Miller-El v. Cockrell, 537 U.S. 322 (2003), where Petitioner demonstrated a substantial showing of the denial of a constitutional right regarding whether or not the District Court of the Middle District of Florida had Article III subject-matter jurisdiction over Petitioner's case.

  2. Whether an Assistant United States Attorney appointed to office by the Department of Justice must be appointed by the Attorney General.

  3. Whether an appointee must have a Presidential Commission to complete their appointment to office as an Assistant United States Attorney.

  4. Whether a prior oath of office from an original appointment as an Officer of the United States carries over to new appointments.

  5. Whether an Assistant United States Attorney has a permanent appointment to office, or must be reappointed after their appointing officer vacates office or there is a new Chief Executive.

Counsel of record

For petitioner
Warren E. Rosenfeld

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 13 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 07 2021
    Waiver of right of respondent United States to respond filed.
  4. Dec 16 2020
    Petition for a writ of certiorari filed. (Response due January 21, 2021)