No. 18-7660

LaBarrion Harris v. James Deal, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure constitutional-challenge constitutional-law custody-violation due-process federal-courts federal-procedure habeas-corpus state-courts statute-of-limitations time-limitation unconstitutional void-judgment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-01
Question Presented (from Petition)

The Official Code Of Georgia Annotated, O.C.G.AS/-H Enactment of Code, a felory - If these were"Enacted" in violatin of the Georgia Constitotion 201, shold they be cad vd poruant to Artic I, SectI Pagaph I of the Georgia Constitution 2013???

2If the "Enactment of the statut I was conviced of violating did not comply with the Geargia Constitution was schenactment a violation of due process??? process, was I convicted and imprisoned in violation of dve process???

If the "Enactment" of the statutes I was convicted of viclating is onconstitution and vold is the judgment of conviction unconstitotional and void ???

5)If I show clear evidence that the statutes I was convicted of vidlating are unconstitotional and void will this Cart grant me relief ???

mean I amd actually inocent of committing an offense???

7.) If I shaw that I have been unconstitutionlly convicted and imprisoned will this Court grant me compensation in compliance with 28U.s.C.92513Ce)???

Con form to Fed. R. Civ. P. 60 (b and Co cos C1s is it appropriate for these Fed.R. Cin. P. to be applied to my habeas proceeding ???

10.) If the lyear limitation period onder Fed. R. Civ. P. 6Ocs C1s does not apply to Fed. R. Civ. P. 60 (bs (4) voidjudgment and (G) Any other reason that justifies relief, is t appropriate to apply this to 28U.S.C 2244 (a) (1s CA) and (D)???

Question Presented (AI Summary)

Whether the 1-year limitation period under 28 U.S.C. § 2244(d)(1)(A) and (D) can be tolled under Fed. R. Civ. P. 60(b) and (c)(1), and whether the time limitation to challenge an unconstitutional and void judgment applies

Docket Entries

2019-03-04
Petition DENIED.
2019-02-19
Supplemental brief of petitioner LaBarrion Harris filed. (Distributed)
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Waiver of right of respondent James Deal to respond filed.
2018-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2019)

Attorneys

James Deal
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
LaBarrion Harris
LaBarrion Harris — Petitioner