No. 18-8929
Response WaivedIFP
Tags: certificate-of-appealability criminal-procedure critical-stage due-process habeas-corpus indictment-amendment mailbox-rule postal-service-error pro-se-filing pro-se-prisoner procedural-due-process right-to-counsel sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2019-05-23
Question Presented (from Petition)
Should the Eleventh Circuit Court of Appeals have considered Petitioner's timely filed Amended Certificate of Appealability and Motion to Expand the Amended Certificate of Appealability under the mailbox rule, notwithstanding that the motions were returned by the United States Postal Service with loose contents, and subsequently re-mailed by Petitioner after receipt, where Petitioner had no control over the postal service error and the motions were timely filed under the mailbox rule as established in Houston v. Lack, 487 U.S. 266?
Question Presented (AI Summary)
Whether the Petitioner's Sixth Amendment right to counsel was violated when the indictment was amended during a critical stage of the proceedings without the presence of counsel
Docket Entries
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-01
Waiver of right of respondent United States to respond filed.
2019-04-08
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2019)
Attorneys
In Re Lavont Flanders, Jr.
Lavont Flanders Jr. — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent