No. 20-5873

Tario Stamps v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-10-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: binding-precedent due-process eleventh-circuit fundamental-fairness judicial-review meaningful-review panel-order second-or-successive-2255-motion section-2255 truncated-time-frame without-adversarial-testing
Latest Conference: 2020-11-06
Question Presented (from Petition)

Does the Eleventh Circuit's practice of applying published panel orders —issued in the context of an application for leave to file a second or successive § 2255 motion and decided in a truncated time frame without adversarial testing —as binding precedent in all subsequent appellate and collateral proceedings deprive inmates and criminal defendants of their right to due process, fundamental fairness, and meaningful review of the claims presented in their § 2255 motions and direct appeals?

Question Presented (AI Summary)

Does the Eleventh Circuit's practice of applying published panel orders—issued in the context of an application for leave to file a second or successive § 2255 motion and decided in a truncated time frame without adversarial testing—as binding precedent in all subsequent appellate and collateral proceedings deprive inmates and criminal defendants of their right to due process, fundamental fairness, and meaningful review of the claims presented in their § 2255 motions and direct appeals?

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-13
Waiver of right of respondent United States of America to respond filed.
2020-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)

Attorneys

Tario Stamps
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent