No. 22-7363

David Vahlkamp v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-04-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-procedure equitable-tolling gross-negligence habeas-corpus holland-v-florida ineffective-assistance postconviction-attorney postconviction-relief reasonable-diligence sixth-amendment
Latest Conference: 2023-05-18
Question Presented (from Petition)

1. Whether the Petitioner is entitled to equitable tolling in light of his postconviction attorney's gross negligence.

2. Whether the Eleventh Circuit Court of Appeals misapplied the "reasonable diligence" standard set forth in Holland v. Florida, 560 U.S. 631 (2010).

Question Presented (AI Summary)

Whether the Petitioner is entitled to equitable tolling in light of his postconviction attorney's gross negligence

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2023-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 25, 2023)
2023-03-09
Application (22A791) granted by Justice Thomas extending the time to file until April 19, 2023.
2023-03-02
Application (22A791) to extend the time to file a petition for a writ of certiorari from March 19, 2023 to April 19, 2023, submitted to Justice Thomas.

Attorneys

David Vahlkamp
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Secretary, Florida Department of Corrections
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent