No. 18-6400

Tarvares James Watson v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-procedure due-process eleventh-circuit extraordinary-circumstances federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b state-law state-law-procedural-principles state-procedural-law
Key Terms:
HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (from Petition)

WHETHER THE ELEVENTH CIRCUIT ABUSED ITS DISCRETION
IN OVERLOOKING THE RELEVANT STATE LAW PROCEDURAL PRINCIPLES
UNDERLYING PETITIONER'S CONSTITUTIONAL CLAIM OF INEFFECTIVE
ASSISTANCE OF COUNSEL WHEN DENYING A CERTIFICATE TO APPEAL
THE DENIAL OF 60(b) RELIEF

WHETHER A FEDERAL HABEAS COURT OWES DEFERENTIAL
REVIEW TO THE ORIGINAL STATE TRIAL COURT'S ORDER THAT
UNDERLIES THE SUBSEQUENT STATE HABEAS COURT'S ORDER

WHETHER REASONABLE JURISTS WOULD DEBATE THAT
EXTRAORDINARY CIRCUMSTANCES DOES NOT APPLY TO SUBDIVISIONS
(1) AND (4) OF RULE 60(b)

Question Presented (AI Summary)

Whether the Eleventh Circuit abused its discretion in overlooking the relevant state law procedural principles underlying petitioner's constitutional claim of ineffective assistance of counsel when denying a certificate to appeal the denial of 60(b) relief

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-08
Waiver of right of respondents Jones, Sec., FL DOC, et al. to respond filed.
2018-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

Jones, Sec., FL DOC, et al.
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Tarvares James Watson
Tarvares James Watson — Petitioner