No. 22-7543

Dwayne Mitchell Littlejohn v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: all-writs-act coram-nobis criminal-procedure custody due-process ineffective-assistance-counsel ineffective-assistance-of-counsel novelty-of-legal-interpretation sixth-amendment
Key Terms:
HabeasCorpus Patent
Latest Conference: 2023-06-08
Question Presented (from Petition)

Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes valid reasons for not attacking the conviction earlier under the All Writs Act, 28 U.S.C. § 1651(a).

2. Is there an error committed by the Fourth Circuit in failing to conduct a Strickland v. Washington, 466 U.S. 668 (1984) analysis of Mr. Littlejohn's ineffective assistance of counsel which often conflation of the Fifth Amendment right to due process with Sixth Amendment rights when analyzing assistance of counsel in deciding whether he failed establish a valid reason for the delay in filing a coram nobis petition and failure to address the novelty of the question as a basis for the delay?

3. Whether a petitioner who is "in custody" can utilize a coram nobis to challenge non-custodial aspects of a criminal judgment.

Question Presented (AI Summary)

Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes 'valid reasons' for not attacking the conviction earlier under the All Writs Act, 28 U.S.C. § 1651(a)

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Waiver of right of respondent United States to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2023)

Attorneys

Dwayne Littlejohn
Dwayne Mitchell Littlejohn — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent