No. 19-7928

Al Prince v. Ashley Moody, Attorney General of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts appellate-procedure civil-rights constitutional-rights due-process equitable-tolling extraordinary-circumstances habeas-corpus judicial-review miscarriage-of-justice post-conviction-relief
Latest Conference: 2020-04-17
Question Presented (from Petition)

WHETHER A STATE CREATED DELAY OF UNINFORMED NOTIFICATION THAT A SECOND AMENDED (CORRECTED SENTENCING)JUDGMENT OF CONVICTION HAD BECOME FINAL AND RIPE FOR A SECOND APPEAL CONSTITUTES AN EXTRAORDINARY CIRCUMSTANCES WARRANTING EQUITABLE TOLLING OF THE AEDPA ONE YEAR HABEAS CORPUS TIME PERIDD AMOUNTING TO A MISCARRIACE OF JUSTICE, WHERE SIMILAR SITUATED DEFENDANT'S HAVE RECEIVED THE PI EI E T SI

WHETHER A MISPERCEIVED CLAIM OF A DUE PROCESS VIOLATION AND A DENIAL OF ACCESS OF THE COURT, WHERE THE PETITIONER WAS NEVER NOTIFIED OF AN OPPORTUNITY BY THE STATE COURTS OF A SECOND DIRECT APPEAL AFTER A SUCCESSFUL FIRST APPEAL NETTED A CORRECTED AMENDED JUDGMENT AND SENTENCE WHICH HAS BEEN REVIEWED BY THE FEDERAL COURTS AS ARGUINC AN APPEAL OF A POSTCONVICTION 3.85O MOTION RATHER THAN THE TRUE CLAIM, DESERVES CORRECTION UNDER HALBERT V. MICHIGAN, 545 U.S. 605 (2005) ?

Question Presented (AI Summary)

Whether a state-created delay of uninformed notification that a second amended (corrected sentencing) judgment of conviction had become final and ripe for a second appeal constitutes an extraordinary circumstances warranting equitable tolling of the AEDPA one year habeas corpus time period amounting to a miscarriage of justice

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-25
Waiver of right of respondent FL Att'y Gen., et al. to respond filed.
2020-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Al Prince
Al Prince — Petitioner
FL Att'y Gen., et al.
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent