No. 22-694

Jermaine Andra Whitaker v. Timothy C. Ward, Commissioner, Georgia Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-01-25
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights covid-19 covid-19-restrictions due-process equitable-tolling habeas-corpus ineffective-assistance prison-access prison-law-library statute-of-limitations
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (from Petition)

1. Whether the 11th circuit Court erred in determining that the covid-19 pandemic, which led to the quarantine of the Wheeler Correctional Facility for months and providing no access to the prison Law Library to prepare for filing a federal habeas petition, was not an extraordinary circumstance for Equitable Tolling?

2. Whether the misconduct by the appellate attorney Katherine Mason of not advising Whitaker of his collateral options qualify as circumstance warranting equitable tolling?

Question Presented (AI Summary)

Whether the 11th circuit Court erred in determining that the covid-19 pandemic, which led to the quarantine of the Wheeler Correctional Facility for months and providing no access to the prison Law Library to prepare for filing a federal habeas petition, was not an extraordinary circumstance for Equitable Tolling?

Docket Entries

2023-04-24
Rehearing DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-24
2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-02
Waiver of right of respondent Ward, Commissioner, GA DOC to respond filed.
2022-09-08
Petition for a writ of certiorari filed. (Response due February 24, 2023)

Attorneys

Jermaine Andra Whitaker
Jermaine Andra Whitaker — Petitioner
Ward, Commissioner, GA DOC
Stephen John PetranyGeorgia Department of Law, Respondent