No. 20-36

Michael J. McGowan v. United States

Lower Court: Second Circuit
Docketed: 2020-07-17
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability due-process habeas-corpus ineffective-assistance-of-counsel mental-illness pro-se
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether Petitioner, a mentally ill prisone r serving a
110-year prison sentence, whose appellate counse l led him
to believe that no further legal challe nges to that sentence
were possible follow ing conclusi on of direct review, and
who filed a pro se moti on to vacate , pursuant to 28 U.S.C.
§ 2255, with reasonable diligence after learning of the
availability of that vehicle, demonstr ated the requisite
"diligence" and "extraordinary circumstance s" to warrant
equitable tolling, such that this Cour t should remand to
the United State s Cour t of Appeals for the Second Circuit
with instructions to i ssue a ce rtificate of ap pealabi lity?

Question Presented (AI Summary)

Whether Petitioner demonstrated the requisite 'diligence' and 'extraordinary circumstances' to warrant equitable tolling

Docket Entries

2020-10-05
Petition DENIED.
2020-07-29
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Waiver of right of respondent United States to respond filed.
2020-07-14
Petition for a writ of certiorari filed. (Response due August 17, 2020)

Attorneys

Michael J. McGowan
Dallas Craig Hughes — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent