No. 18-9207

Leon Markel Winston v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections

Lower Court: Tenth Circuit
Docketed: 2019-05-09
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254 constitutional-rights due-process equitable-tolling filing-deadline habeas-corpus legal-assistance one-year-filing-deadline prison-access prison-law-library
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

Should a criminal defendant that can demonstrate that he has been diligently pursuing a writ of habeas corpus pursuant to 28 sec. 2254 be afforded Equitable Tolling of the One-Year Filing Deadline when he can demonstrate that the prison thwarted his ability to timely file by denying him access to the prison Law Library or Legal Assistances?

Question Presented (AI Summary)

Should a criminal defendant that can demonstrate that he has been diligently pursuing a writ of habeas corpus be afforded Equitable Tolling of the One-Year Filing Deadline when he can demonstrate that the prison thwarted his ability to timely file by denying him access to the prison Law Library or Legal Assistances?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Leon Markel Winston
Leon Mar'Kel Winston Jr. — Petitioner