No. 20-6600

Throne Thomas Smiley v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-12-10
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP Experienced Counsel
Tags: collateral-review criminal-defendant due-process eleventh-circuit fundamental-fairness meaningful-review panel-order second-or-successive-2255-motion section-2255 truncated-time-frame without-adversarial-testing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-06-24 (distributed 3 times)
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

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-05-20
Rescheduled.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-04-21
Brief of respondent United States in opposition filed.
2021-03-23
Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2021.
2021-03-22
Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.
2021-02-12
Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2021.
2021-02-11
Motion to extend the time to file a response from February 18, 2021 to March 22, 2021, submitted to The Clerk.
2021-01-19
Response Requested. (Due February 18, 2021)
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2021)

Attorneys

Throne Thomas Smiley
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent