No. 18-6831

David Errol Willock v. William Sperfslage, Warden

Lower Court: Eighth Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 certificate-of-appealability direct-appeal habeas-corpus postconviction-relief remand rule-of-lenity statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2019-01-11
Question Presented (from Petition)

WHETHER THIS COURT SHOULD PROCEED TO ESTABLISH A PRECEDENT AS
TO THE CORRECT CALCULATION OF THE STATUTE OF LIMITATIONS IN A
HABEAS CORPUS ACTION UNDER 28 USC 2254 WHERE THE PETITIONER HAS
FILED FOR STATE POSTCONVICTION RELIEF BEFORE HIS DIRECT APPEAL
HAS REACHED FINALITY, OR WHETHER THE COURT SHOULD SUMMARILY
RULE THE RECORD OF THE INSTANT CASE REQUIRES A REMAND DIRECTING
THE CIRCUIT COURT T0 lssuE A CERTIFICATE OF APPEALABILITY T0 INITIATE
ADJUDICATION OF THE QUESTION IN THE LOWER COURT.

WHETHER THIS COURT WILL FIND IT NECESSARY TO ESTABLISH A
PRECEDENT AS TO WHETHER THE RULE OF LENITY WILL BE APPLIED T0
STATUTES GOVERNING HABEAS REVIEW.

Question Presented (AI Summary)

Whether the correct calculation of the statute of limitations in a habeas corpus action under 28 USC 2254 where the petitioner has filed for state postconviction relief before his direct appeal has reached finality should be established as a precedent, or whether the record requires a remand directing the circuit court to issue a certificate of appealability

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent William Sperfslage to respond filed.
2018-04-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

David Willock
Kent Allen SimmonsAttorney at Law, Petitioner
William Sperfslage
Kevin CmelikIowa Department of Justice, Respondent