No. 19-7087

Anthony May v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2019-12-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process effective-assistance-of-counsel equitable-tolling extraordinary-circumstances ineffective-assistance low-iq manifest-injustice mental-retardation
Key Terms:
HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (from Petition)

1) WHETHER PETITIONER'S "MENTAL RETARDATION" AND "LOW IQ" "EXTRAORDINARY CIRCUMSTANCES" IN WHICH "EQUITABLE TOLLING" SHOULD BE APPLIED TO AVOID A MANIFEST INJUSTICE? (District Court op. at *7-8; 13-20).

2) WHETHER BOTH THE DISTRICT COURT AND STATE COURT'S ERRED BY STATING THAT DEFENDANT WAS NOT DEPRIVED EFFECTIVE ASSISTANCE OF COUNSEL

Question Presented (AI Summary)

Whether petitioner's 'mental retardation' and 'low IQ' constitute 'extraordinary circumstances' in which 'equitable tolling' should be applied to avoid a manifest injustice?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-17
Waiver of right of respondents Steven Johnson, et al. to respond filed.
2019-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2020)

Attorneys

Anthony May
Anthony May — Petitioner
Steven Johnson, et al.
Frank J. DucoatEssex County Prosecutor's Office, Respondent