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Norman Seabrook v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-841 · judgment November 13, 2023


Certiorari denied · April 15, 2024
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Did the District Court’s sua sponte denial of Pet it ioner ’s habe a s p et it ion a l leg i ng ineffectiveness of trial counsel filed pursuant to 28 U.S.C. 2255 violate habeas procedural law when it dismissed the proceeding without prior notice (and without a hearing) to the Petitioner, where no opposition was filed, and by failing to review the facts in the light most favorable to Petitioner?

  2. Was Petitioner’s Sixth Amendment right to effective assistance of counsel to seek the trial judge’s recusal at his retrial after the District Judge disclosed a close personal relationship with a former employee of the hedge fund which defrauded the municipal labor union which Petitioner led denied?

  3. Did the District Court err in denying Petitioner’s Federal Rules of Criminal Procedure 33 motion without a hearing?

Counsel of record

For petitioner
Roger Bennet Adler
Roger Bennet Adler, P.C.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 15 2024
    Petition DENIED.
  2. Mar 27 2024
    DISTRIBUTED for Conference of 4/12/2024.
  3. Mar 21 2024
    Waiver of right of respondent United States to respond filed.
  4. Mar 13 2024
    Petition for a writ of certiorari filed. (Response due April 15, 2024)