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Gregory Bogomol v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-11486 · judgment August 13, 2021


Certiorari denied · May 2, 2022
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a dissent in the court below (flagged in the petition).

Questions presented

The questions presented are:

  1. What is the proper standard for determining when a federal habeas petitioner is entitled to an evidentiary hearing under 28 U.S.C. § 2255?

  2. Does an individual receive ineffective assistance of counsel when his defense attorney fails to file a motion to suppress evidence seized from a warrantless search of the individual’s residence, where law enforcement agents conducted a “knock and talk” at the residence with the intent to search for incriminating evidence and gained entry to search the residence by falsely telling the individual that they were investigating whether he and his wife were the victims of identity theft?

Counsel of record

For petitioner
Andrew Brooks Greenlee
Andrew B. Greenlee, P.A.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 02 2022
    Petition DENIED.
  2. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  3. Apr 08 2022
    Waiver of right of respondent United States to respond filed.
  4. Mar 29 2022
    Petition for a writ of certiorari filed. (Response due May 4, 2022)