No. 19-8776

Timothy W. Hatter v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2020-06-22
Status: Denied
Type: IFP
IFP
Tags: appellate-rights civil-rights constitutional-claims due-process federal-procedures habeas-corpus ineffective-assistance post-conviction-relief procedural-default standing state-court-review untimely-filing
Latest Conference: 2020-09-29
Question Presented (from Petition)

How cAn the court Deny HAtter His HabeAs Petition ASking For HiS diSeCt APpeAl rishtS bAcK When A DiveCt AppeAl iS A FundAmentAl constitutionAl Due Process riSht oFeVEry defendant And goes Aarinst well established Federal Law And Procedures?

HOW cAn the court Hold that HAtter HAs not Shown Any bAsis to toll the StAte statute of Limitations or excuse His untimely Filing unkess they Just FAiled to read Any oF His etitions BECAUSE HAtter went into gIesA defAil oF the difficulties obSTAbieS thAt he And had to sust to discoupr overcome that His LAWYPr Lild to him and that He Blways had A risht to A Dilect APPA!

HOW CAn the Courts Hold that HAtter's COUnSEL WAS FAilK to File An APPEHl on His BehAlf And For Committing LEGAL MALPOATIKE when te Lied to HAHer when He told Him that He hd No risht to APPeA SeverAl Himes? Both of thase Sentencing ChAims AleS Supported by the record Lie HEANMS ANSCiPY where HAtter WAS Uelling that He the Hatter Filed with Wanted APpeAl And ComPlAiNt AM the VA Stote BAT About His btfoines Missredesentatio

Question Presented (AI Summary)

Whether the court can address the petitioner's habeas petition asking for his APPA rights back when a direct appeal is a fundamental constitutional due process right of every defendant

Docket Entries

2020-10-05
Petition DENIED.
2020-08-06
DISTRIBUTED for Conference of 9/29/2020.
2020-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2020)

Attorneys

Timothy W. Hatter
Timothy W. Hatter — Petitioner