No. 19-7672

Donte Deshawn Alston v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-14
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: access-to-courts due-process eleventh-circuit habeas habeas-corpus prior-panel-precedent prior-precedent-rule pro-se second-or-successive
Latest Conference: 2020-06-04 (distributed 4 times)
Question Presented (from Petition)

I. Whether the Eleventh Circuit's Prior-Precedent Rule violates due process when the precedent is based on a second or successive 28 U.S.C. § 2255 application usually filed pro se, that must be decided without meaningful briefing, without a record, without oral argument and within 30 days of filing?

Question Presented (AI Summary)

Whether the Eleventh Circuit's Prior-Precedent Rule violates due process

Docket Entries

2020-06-08
Petition DENIED. Justice Sotomayor, respecting the denial of certiorari: I concur for the reasons set out in St. Hubert v. United States, 590 U. S. ___ (2020) (Statement of Justice Sotomayor respecting the denial of certiorari).
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-26
Rescheduled.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-19
Rescheduled.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-11
Rescheduled.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-29
Reply of petitioner Donte Deshawn Alston filed. (Distributed)
2020-04-10
Memorandum of respondent United States filed.
2020-03-11
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2020.
2020-03-10
Motion to extend the time to file a response from March 16, 2020 to April 15, 2020, submitted to The Clerk.
2020-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2020)

Attorneys

Donte Deshawn Alston
Vionnette Reyes JohnsonFederal Defender Program, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent