Garlin Raymond Farris v. United States
The question presented, on which the federal appellate courts are currently
divided, is whether appointed counsel's misconduct can serve as excusable neglect for
an indigent federal criminal defendant's late filing of a dispositive motion.
In Pioneer Investment Services Company v. Brunswick Associates Limited
Partnership, 507 U.S. 380 (1993), this Court outlined factors for assessing whether a
filing deadline may be extended for excusable neglect pursuant to Fed. R. Crim.
P. 45(b). Petitioner seeks to resolve the significant problems caused by the varying
applications of the Pioneer factors to indigent federal criminal defendants who face
procedural hurdles caused by their appointed counsel's ineffectiveness.
Whether appointed counsel's misconduct can serve as excusable neglect for an indigent federal criminal defendant's late filing of a dispositive motion