No. 23-7641

Steven Vernon Bixby v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al.

Lower Court: Fourth Circuit
Docketed: 2024-06-05
Status: Denied
Type: IFP
IFP
Tags: counsel-abandonment federal-procedure habeas-corpus ineffective-assistance procedural-defect rule-60b
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether there is any remedy under Rule 60(b) for functional abandonment by counsel in a federal habeas proceeding, or whether there is no remedy for extreme failures by appointed counsel such that Rule 60(b) motions in this context must always be dismissed as successive habeas petitions under Gonzalez v. Crosby, 545 U.S. 524 (2005).

Question Presented (AI Summary)

Whether there is any remedy under Rule 60(b) for functional abandonment by counsel in a federal habeas proceeding, or whether there is no remedy for extreme failures by appointed counsel such that Rule 60(b) motions in this context must always be dismissed as successive habeas petitions under Gonzalez v. Crosby

Docket Entries

2024-10-07
Petition DENIED.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-05
Brief of respondent Bryan Stirling, Commissioner, South Carolina Department of Corrections, et al. in opposition filed.
2024-08-02
Brief of Bryan Stirling, Commissioner, South Carolina Dept. of Corrections,, et al. in opposition submitted.
2024-06-26
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024.
2024-06-25
Brief of Bryan Stirling, Commissioner, South Carolina Dept. of Corrections,, et al. in opposition submitted.
2024-06-18
Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
2024-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2024)
2024-03-28
Application (23A868) granted by The Chief Justice extending the time to file until June 3, 2024.
2024-03-22
Application (23A868) to extend the time to file a petition for a writ of certiorari from April 4, 2024 to June 3, 2024, submitted to The Chief Justice.

Attorneys

Bryan Stirling, Commissioner, South Carolina Dept. of Corrections,, et al.
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
Steven Vernon Bixby
David Charles WeissCapital Habeas Unit for the Fourth Circuit, Petitioner