No. 19-7993

Thomas Victor Sway v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-review certificate-of-appealability conclusory-order conflict-of-interest discretionary-review due-process equitable-tolling precedent procedural-due-process standard-of-review strickland-standard
Latest Conference: 2020-04-17
Question Presented (from Petition)

When denial of COA was made in conlusory order without any
precendent to rely on and there exists no sufficient basis for
appellant court to review, was petitioner's ability to appeal
wrongly impeded and was his procedural due process of law vio
lated?

WhenTgrounds on appeal are granted hearing and witnesses
from trial provide testimony, does petitioner then have the
right to confront those witnesses in order to satisfy the
Strickland standard?

Does discretionary review in the interest of justice standard
to substitute counsel leave petitioner vulnerable to a harmful con
flict of interest without any chance for remedy?

Does lost mail, that resulted in untimely filing but was sup
ported by supplemental motion and uncontested affidavit, qualify
as extraordinary circumstances and all for equitable tolling?

Question Presented (AI Summary)

When denial of COA was made in conclusory order without any precedent to rely on and there exists no sufficient basis for appellate court to review, was petitioner's ability to appeal wrongly impeded and was his procedural due process of law violated?

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-18
Waiver of right of respondent United States to respond filed.
2020-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 13, 2020)
2020-02-26
Application (19A939) granted by Justice Thomas extending the time to file until March 7, 2020.
2019-12-26
Application (19A939) to extend the time to file a petition for a writ of certiorari from January 7, 2020 to March 7, 2020, submitted to Justice Thomas.

Attorneys

Thomas Victor Sway
Thomas Victor Sway — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent