No. 19-7498

James Earvin Sanders v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights counsel-ineffectiveness criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge mitigating-evidence procedural-due-process psychiatric-mitigating-evidence time-bar-exception united-states-v-fessel
Latest Conference: 2020-04-24 (distributed 2 times)
Question Presented (from Petition)

Where counsel lies about the existence of psychiatric
mitigating evidence and deries the accused the use of
18 U.S.C. § 3ooloAle) in United States v. Fessel, does this
constitute a substantial showing of the denial of a
constitutional right for CoA purposes?

If a petitioner lacks the factual predicate to file
Under 28 U.S.C. & 2244(d(nA) and the one-year period
expires, is he time-barred from filing under (D)?

How does the L.S. Marshal Hold (Exhibit 14 not constitute an unconstitutional State action under 224(d(1(B)
when (1) the action thereof hindered access to the courts,
and (2) denied "equal protection of the laws?"

When an unconstitutional State action triggers
2244 (dleB): does a petitioner still need to show the
"extraordinary circumstances" of Holland v. Florida or
the external inter ference in Coleman v. Thompson?

Once activated, is there a time limit as to how
long
2a44(d)(1(B) can last?

Is there any ruling or statute that prohibits a
habeas petitioner from starting under 2attld)en(A),
activating (D), triggering (B), and then removing (B) by
reactivating (D)?

Could the Court clarify the "reasonable diligence"
Id
Holland in relation to this case?
in

Question Presented (AI Summary)

Where counsel lies about the existence of psychiatric-mitigating-evidence,due-process,ineffective-assistance-of-counsel,habeas-corpus,constitutional-rights,criminal-procedure

Docket Entries

2020-04-27
Rehearing DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-03-25
Petition for Rehearing filed.
2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-10
Waiver of right of respondent United States to respond filed.
2019-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)
2019-09-03
Application (19A248) granted by Justice Alito extending the time to file until November 16, 2019.
2019-08-16
Application (19A248) to extend the time to file a petition for a writ of certiorari from September 17, 2019 to November 16, 2019, submitted to Justice Alito.

Attorneys

James Earvin Sanders
James E. Sanders — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent