No. 18-9251

Willie James Atkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-05-13
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-legislation civil-procedure constitutional-provisions discovery-rule equitable-tolling fraudulent-concealment materially-indistinguishable standing
Key Terms:
DueProcess HabeasCorpus Jurisdiction
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. QUESTION: Does the Doctrine of 'Equitable Tolling' due to claims of 'FRAUDULENT CONCEALMENT' of obviously important facts, extend to AEDPA legislative cases, if the lower court lilkewise, cited and sought guidance In other NON-AEDPA Legislative cases-?

2.. QUESTION: Does Suits in Admirality Act (SAA) Legislation extended, by the Fifth Circuit into AEDPA case law, used as guidance to the question of 'EQUITABLE TOLLING', justttfy Atkins attempt to extend FTCA Legislation as 'MATERIALLY INDISTINGUISH ABLE'-?

QUESTION: Does SAA LegislatUon regarding 'DISCOVERY RULE' extend to Atkins. case on a set of MATERIALLY INDISTINGUISHABLE fact-?

QUESTION: Should the argument for RARE and EXCEPTIONAL cUrc.urnstances claimed in BUCK V. DAVIS, 137 S.Ct. 759 (2017), extend to the INSTANT CASE on a 'set of MATERIALLY INDISTINGUISHABLE FACTS.

QUESTION: Was trial counsel's decflsion not to investflgate claims of non-transmission; impoch detcc.t!!vc durUng suppression hearing; cross examine and impeach in jury's presence REASONABLE professional standards, resultflng in prejudice.

Question Presented (AI Summary)

Does the Doctrine of 'Equitable Tolling' due to claims of 'Fraudulent Concealment' of obviously important facts, extend to AEDPA legislative cases?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2019)

Attorneys

Willie J. Atkins
Willie James Atkins — Petitioner