No. 20-8060

Julia Ann Poff v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-19
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-2254 appellate-review civil-rights constitutional-rights criminal-procedure due-process exhaustion-of-remedies habeas-corpus standing trial-errors
Key Terms:
ERISA DueProcess HabeasCorpus
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (from Petition)

A. Did the inattention and errors on the court violate Art. 1, Section 9, also known as the "Suspension Clause," of the United States Constitution?

B. Does a Habeas Corpus preserve issues for appeal under 18 U.S.C. Section 3142 and Fed.R.Crim. P. 11, or do they become moot when a defendant is forced to plead guilty?

C. Did the Government breach the plea agreement the Defendant was forced to sign, when they opposed acceptance of responsibility points when agreeing with the probation officer in a previously filed and still pending Habeas Corpus case claiming actual innocence? Has the Appeals court been unjudicial to the pro se petitioner by not following a Supreme Court precedent?

D. Does a waiver in a plea agreement give the Government permission to intentionally violate a defendant's due process rights at sentencing presenting fraud on the court?

Question Presented (AI Summary)

Whether the district court erred in dismissing petitioner's habeas corpus petition on the ground that he failed to exhaust state court remedies, in violation of 28 U.S.C. § 2254(b)(1)(A)

Docket Entries

2021-10-04
Rehearing DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Petition for Rehearing filed.
2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-21
Waiver of right of respondent United States to respond filed.
2021-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2021)

Attorneys

Julia Ann Poff
Julia Ann Poff — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent