No. 20-7989

Cash Wallace Pawley v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-05-11
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence certificate-of-appealability civil-rights constitutional-claims due-process eleventh-circuit habeas-corpus procedural-bar
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

1. WHETHER THE ELEVENTH CIRCUIT COURT OF APPEAL SO FAR DEPARTED FROM THE ACCEPTED AND USUAL COURSE OF JUDICIAL PROCEEDINGS, AND/OR SANCTIONED A DEPARTURE BY A LOWER COURT, WHEN IT ERRED IN ITS UNELABORATED DENIAL OF A CERTIFICATE OF APPEALABILITY ON PETITIONER'S TWENTY-SEVEN (27) CONSTITUTIONAL CLAIMS, OF WHICH SEVENTEEN (17) WERE DENIED BY THE DISTRICT COURT, ERRONEOUSLY, AS PROCEDURALLY BARRED (UNEXHAUSTED), THREE (3) WERE ERRONEOUSLY RULED AS NOT COGNIZABLE ON FEDERAL HABEAS REVIEW, AND SEVEN (7) WERE ERRONEOUSLY DENIED ON THE MERITS IN AN ACTUAL INNOCENCE CASE

2. WHETHER THE DISTRICT COURT ERRED IN DENYING 'MOTION FOR SUMMARY JUDGMENT' ON ALL CLAIMS RAISED ON HIS §2254 HABEAS CORPUS PETITION

3. WHETHER THE DISTRICT COURT ERRED IN DENYING AN EVIDENTIARY HEARING WHERE, ALTHOUGH REQUESTED IN THE STATE TRIAL COURT, THE TRIAL COURT REFUSED TO HOLD AN EVIDENTIARY HEARING

4. WHETHER THE DISTRICT COURT ERRED IN DENYING PETITIONER'S TWENTY-SEVEN (27) CONSTITUTIONAL CLAIMS AS "UNEXHAUSTED, PROCEDURALLY BARRED AND MERITLESS" IN AN ACTUAL INNOCENCE CASE

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeal erred in its unelaborated denial of a certificate of appealability

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-10-29
Petition for Rehearing filed.
2021-10-04
Petition DENIED.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2021)

Attorneys

Cash Wallace Pawley
Cash Wallace Pawley — Petitioner