No. 18-7661
Philip Walter Jones v. Mark S. Inch, Secretary, Florida Department of Corrections
Response WaivedIFP
Tags: circuit-courts circuit-split diligence diligence-standard judicial-procedure new-evidence pace-v-diguglielmo postconviction-motion proper-filing properly-filed relief-standard time-bar untimely
Latest Conference:
2019-03-22
Question Presented (from Petition)
This case presents two questions pertaining to the "proper filing" requirement that were left open by Pace v. DiGuglielmo, 544 U.S. 408 (2005) and that have split the circuit courts of appeals: (1) is diligence in discovering new evidence a condition to filing a postconviction motion or a condition to obtaining relief on that motion; and (2) must a trial court unambiguously state that a postconviction motion is untimely so that a prisoner can know that it was not "properly filed"?
Question Presented (AI Summary)
Is diligence in discovering new evidence a condition to filing a postconviction motion or a condition to obtaining relief on that motion?
Docket Entries
2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-01
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2019)
Attorneys
Philip Jones
Secretary, Florida Department of Corrections