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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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.
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Whether an Assistant United States Attorney appointed to office by the Department of Justice must be appointed by the Attorney General.
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Whether an appointee must have a Presidential Commission to complete their appointment to office as an Assistant United States Attorney.
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Whether a prior oath of office from an original appointment as an Officer of the United States carries over to new appointments.
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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
- Feb 22 2021Petition DENIED.
- Jan 13 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 07 2021Waiver of right of respondent United States to respond filed.
- Dec 16 2020Petition for a writ of certiorari filed. (Response due January 21, 2021)