No. 22-6252

In Re James E. Hitchcock

Lower Court: N/A
Docketed: 2022-12-08
Status: Denied
Type: IFP
IFP
Tags: actual-innocence appeals constitutional-rights death-penalty due-process federal-courts federal-habeas post-conviction state-habeas writ-of-habeas-corpus
Key Terms:
ERISA DueProcess HabeasCorpus Punishment Securities Jurisdiction JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (from Petition)

1. Whether the federal courts' refusal to hear Mr. Hitchcock's meritorious federal claims after he received a new judgment and sentence amounted to a suspension of the writ?

2. Whether the federal courts' refusal to hear Mr. Hitchcock's federal claims denied him due process because it created a real risk of the execution of an actually innocent person?

Question Presented (AI Summary)

Whether the federal courts' refusal to hear Mr. Hitchcock's meritorious federal claims amounted to a suspension of the writ

Docket Entries

2023-03-20
Petition DENIED.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-08
Brief of respondent Florida in opposition filed.
2023-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2023.
2023-01-06
Motion to extend the time to file a response from January 9, 2023 to February 8, 2023, submitted to The Clerk.
2022-12-05

Attorneys

James E. Hitchcock
James L. Driscoll Jr.Law Office of the Capital Collateral CounselMiddle, Petitioner
Secretary, Florida Department of Corrections
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent