No. 19-6345

William N. Lucy v. Mary Cooks

Lower Court: Eleventh Circuit
Docketed: 2019-10-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-discretion appellate-review bankruptcy-proceedings certiorari-petition civil-procedure criminal-procedure due-process eviction habeas-corpus judicial-error post-conviction-relief property-rights standing trial-court-discretion
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (from Petition)

1. DID MOBILE COUNTY CIRCUT COURT JUDGE ROBERT SMITH ABUSE HIS DIBCRETION BY GRANTING EVICTION ORDER IN CIVIL CASE# CVI-O852 WHILE PETITIONER WERE IN BANKRUPTCY? AND ABUSED HER DISERETION BY NOT ENTERING DEFAULT JUDGTENT" IN CASE NO: OVI/-OB52 COUNTER CLAIM PURSUANJ TO RULE SEA)DA.R.CIV. P. ?

2. DID MOBILE COUNTY CRCUIT COURT ABUSE IT'S DIBCRETION IN CASE NOt CO13 -O53B2 BY PUTTING THIS PETIJIDNER ON TRIAL WITHOUT FIRST HAVING HIM ARRAIGNED, CASE NO2 CC13-O5BB2 BY NOT AOWINE PETSIONER TO CAII HIMSELF WHEN HE WAS AWARE HE GRIAL SUDGE) WAS THE DEFENDANT IN A CIVIL ACTION THEN PENDING IN THE U.S. DISTRICT LOURT AND THE DEFENDANT IN THE CASE HE WAS PRESIDING OVER WAS THE PLAINTIFF?

3. DID THE TRIAL JUDGE ABUSE HIS DISLRETION BY STOPPING THE PRDCEEDINGS AND PUITING A PROSPECTIVE JUROR BACK ON THE JURY AFTER SHE HAD BEEN "STRICKEN FOR CAUSE" BY DEFENSE WHEN SHE STATED HER HUSBAN WAS /IS 1T COWSIN TO ONE OF THE MOBILE COUNTY DISTRICT ATTORNEY ? EUIDENCE ON HIS BEHALF?

4. DID JHE TRIAL JUDGE ABUBE HIS DISURETIDN BY GOING INTO THE JURY ROOM DURING (JURY DELIBERATIDNG AND MARKING JHE VERDICT CARD GUILTYI

5. DID THE TRIAL SUDGE ABUSE HIS DISCRESION BY UBING CASES 18 TO ROYRS, OLD TO ENHANCE DEFENDANT'S SENTENCE?

6. DID MOBILE COUNTY CIRCUIT COURTLIRIAL COURD) ABUSE IT'3 DISCRETION BY EXTENDING THE DISTRICT ATORNEY'S TIME TO REPLY TO DEFENDANT'S RULE BQ POST CONVICTION PETITION FIVE L) MONTHS WITHOUT THE DIBTRICT ATTORNEY MOJIONING FOR MORE TIME AFTER THE 3O DAY RULE DO RESPOND EXPIRED?

7. DID THE ALABAMA COURTOF CRIMINAL APPEALG ABUSE IT'S DISCRETION BY NOT RULNG IN PETITIDNER'S FAVOR OR CAILING FOR AN)EVIDENTIARY HEARING WHEN TRIAL COUBT ADOPTED STATE OF ALABAMA'S ANSWERS VERBATIM BEJECTING PETITIDNER'S RULE B2 POST CONVICTION PETIiTION?

8. DJD THE ALABAMA SUPREME COURT ABUBE IT' DISCRETION WHEN IT FAIL TO BRANT PETTIONER'S WRIT OF MANDAMUS TO LOMPEL THE ALABAMA COURT OF CRIMINAL APPEALS TO FOlOW THE BULE OF IN EX PARTE GRAM AND EX PARTE SCOTT CONCERNING THE ATIOPTION OF THE VERBATIM ANGWERS OF THE STAIE OF ALABAMA REJECTING PETTIONER'S RULE BR PETITION, BY STATING

Question Presented (AI Summary)

Whether the Mobile County Circuit Court abused its discretion in granting an eviction order while the petitioner was in bankruptcy

Docket Entries

2020-02-24
Rehearing DENIED.
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2019-12-16
Petition for Rehearing filed.
2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-30
Waiver of right of respondent Mary Cooks to respond filed.
2019-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2019)

Attorneys

Mary Cooks
Beth Slate PoeAL Attorney General's Office, Respondent
William Lucy
William N. Lucy — Petitioner