No. 23-6721

Jerry Scott Heidler v. Shawn Emmons, Warden

Lower Court: Eleventh Circuit
Docketed: 2024-02-12
Status: Denied
Type: IFP
IFP
Tags: actual-conflict-of-interest certificate-of-appealability eleventh-circuit habeas habeas-corpus martinez-v-ryan mental-competency mental-incompetence procedural-dismissal trial-counsel
Key Terms:
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2024-05-16
Question Presented (from Petition)

Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address any or all of the above claims and, if so, whether the Court should docket the case for briefing and argument, or summarily reverse?

Whether the Court should hold this case pending the Eleventh Circuit's ruling in Williams v. Warden, GDCP, No. 22-10249 (11th Cir.), a capital habeas case addressing some of the same procedural issues presented here, which has been briefed and argued, and awaits adjudication. Mr. Heidler had asked the Eleventh Circuit on rehearing to hold the case pending its decision in Williams, but the Eleventh Circuit instead denied rehearing.

Question Presented (AI Summary)

Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address the petitioner's claims

Docket Entries

2024-05-20
Petition DENIED.
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-18
Reply of petitioner Jerry Scott Heidler filed.
2024-04-03
Brief of respondent Shawn Emmons, Warden in opposition filed.
2024-03-26
Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2024.
2024-03-25
Motion to extend the time to file a response from March 27, 2024 to April 3, 2024, submitted to The Clerk.
2024-03-08
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
2024-03-07
Motion to extend the time to file a response from March 13, 2024 to March 27, 2024, submitted to The Clerk.
2024-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2024)
2023-12-27
Application (23A585) granted by Justice Thomas extending the time to file until February 7, 2024.
2023-12-21
Application (23A585) to extend the time to file a petition for a writ of certiorari from January 8, 2024 to February 22, 2024, submitted to Justice Thomas.

Attorneys

Jerry Heidler
Marcia A. WidderGeorgia Resource Center, Petitioner
Shawn Emmons, Warden
Sabrina D. GrahamSenior Assistant Attorney General, Respondent