No. 20-7201

Jerry Neil Alfred v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-02-22
Status: Denied
Type: IFP
IFP
Tags: 2254-petition civil-rights due-process equitable-tolling habeas-corpus ineffective-assistance ineffective-assistance-of-counsel successive-petition trial-counsel
Latest Conference: 2021-04-23
Question Presented (from Petition)

WHETHER DOCTRINE OF EQUITABLE TOLLING COULD BE PROPERLY INVOKED AND ULTIMATELY APPLIED BY DISTRICT COURT TO RENDER AN OTHERWISE UNTIMELY CLAIM THAT EXISTED AT THE TIME OF PETITIONER'S FILING OF HIS FIRST 2254 PETITION BUT NOT RAISED DUE TO HIS TRIAL LAWYER'S BALD-FACED LIE TIMELY BY MAKING IT RELATE-BACK TO TIMELY FILE FIRST PETITION EVEN THOUGH IT WAS BEING RAISED IN A TECHNICALLY SUCCESSIVE PETITION?

Question Presented (AI Summary)

Whether doctrine of equitable tolling could be properly invoked and ultimately applied by district court to render an otherwise untimely claim that existed at the time of petitioner's filing of his first 2254 petition but not raised due to his trial lawyer's bald-faced lie timely by making it relate-back to timely filed first petition even though it was being raised in a technically successive petition

Docket Entries

2021-04-26
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2021-04-08
DISTRIBUTED for Conference of 4/23/2021.
2020-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2021)

Attorneys

Jerry Neil Alfred
Jerry Neil Alfred — Petitioner