No. 21-8090

Angelo C. Pearson, II v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-06-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-claim constitutional-claims equitable-remedies equitable-tolling federal-habeas habeas-corpus merits-review plain-error procedural-default state-prisoner
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (from Petition)

1) Considering that federal habeas courts maintain their power to fashion equitable remedies that allow for review and correction of otherwise barred constitutional claims under extraordinary circumstances, are "extraordinary circumstances" present when: (a) the face of a state prisoner's record shows a constitutional error that meets the federal "plain error" standard; and (b) he has no realistic means to even obtain a merits review in the state courts because they do not employ any comparable constitutional safeguard for overcoming applicable default rules? And, if so;

2) Is equitable tolling available as a gateway for federal review of an otherwise time-barred constitutional claim that meets the federal "plain error" standard?

Question Presented (AI Summary)

Whether 'extraordinary circumstances' are present when a state prisoner's record shows a constitutional error that meets the federal 'plain error' standard, and the state courts do not employ any comparable constitutional safeguard for overcoming applicable default rules, and whether equitable tolling is available as a gateway for federal review of an otherwise time-barred constitutional claim that meets the federal 'plain error' standard

Docket Entries

2022-10-03
Petition DENIED.
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-07-05
Waiver of right of respondent Dixon, Sec., FL DOC, et al. to respond filed.
2022-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2022)

Attorneys

Angelo C. Pearson
Angelo C. Pearson II — Petitioner
Dixon, Sec., FL DOC, et al.
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent