attorney-abandonment

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5364 Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-08-22 Denied IFP attorney-abandonment fifth-circuit-review habeas-corpus jurisdictional-motion maples-v-thomas rule-60b-motion 1. Within his Rule 4(a) motion to reopen the appeal, Petitioner argued for the Court to construe his untimely pro se notice of appeal as a motion to …
23-6451 Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-01-10 Denied IFP abandonment attorney-abandonment cause cause-doctrine circuit-split federal-rules-of-civil-procedure habeas-corpus maples-v-thomas mental-incompetence procedural-default standard-of-review 1. Are a district court's findings that a habeas corpus petitioner's attorney abandoned him "from the beginning" and "for the entirety of [his] state …
23-6183 Steven Justin Villalona v. United States Eleventh Circuit 2023-12-06 Denied Response WaivedIFP actual-innocence appellate-court attorney-abandonment civil-procedure constitutional-claim evidentiary-standard federal-review habeas-corpus mandate-recall material-omissions procedural-default standing Question not identified.
23-5617 Anthony Castillo Sanchez v. Christe Quick, Warden Tenth Circuit 2023-09-20 Denied IFP abandoned-clients attorney-abandonment capital-punishment civil-procedure court-procedure dilatory-removal district-court habeas-corpus judicial-discretion procedural-delay stay-of-execution The question presented is whether a District Court can deny a stay of execution when it has been dilatory in removing attorneys who abandoned their cl…
23A38 Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-07-17 Presumed Complete AEDPA-statute-of-limitations attorney-abandonment capital-punishment habeas-corpus ineffective-assistance-of-counsel rule-60b-motion Whether a Rule 60(b) motion alleging abandonment by counsel can, at least in some instances, attack a defect in the integrity of the habeas proceeding…
22-6119 Jaques Fearence v. Brenda M. Cash, Warden Ninth Circuit 2022-11-21 Denied Response WaivedIFP abuse-of-discretion attorney-abandonment civil-procedure civil-rights constitutional-standard due-process federal-review habeas-corpus standing state-court-decision 1) Whether the Court of Appeals erred in its application of the constitutional standard for the denial of a motion for reconsideration based on the pe…
21-5275 Alan Gregory Ender v. United States Eleventh Circuit 2021-08-04 Denied Response WaivedIFP appealability attorney-abandonment civil-procedure due-process extraordinary-circumstance extraordinary-circumstances notice-of-appeal rule-60-motion rule-60(b)(6) 1. Petitioner filed a Federal Rule of Civil Procedure 60(b)(6) motion for relief from a final judgment based on attorney abandonment after learning th…
20-5527 Mark Benton v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-08-27 Denied Response WaivedIFP 28-usc-2254 aedpa attorney-abandonment capital-cases circuit-split equitable-tolling extraordinary-circumstances habeas-corpus 1). When this Court issued Holland v. Florida, 130 S.ct. 2549 (2010), decision, is this Honorable Court intent to apply Hollando to "Capital cases onl…
19-7540 Random Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2020-02-04 Denied Response WaivedIFP 28-usc-2254 attorney-abandonment attorney-neglect confrontation-clause due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance postconviction-proceedings reasonable-diligence state-postconviction 1. Whether the Petitioner is entitled to equitable tolling in light of his attorney's neglect/abandonment (i.e., after his attorney abandoned him in t…
18-1087 Javier Chavez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-21 Denied access-to-courts attorney-abandonment attorney-death certificate-of-appealability civil-procedure court-access due-process equitable-tolling filing-deadline legal-malpractice pro-se 1. Should the Fifth Circuit have granted a Certificate of Appealability on equitable tolling when Petitioner's retained lawyer died and no one could f…
18-6718 Timothy Edwards v. United States Seventh Circuit 2018-11-15 Denied Response WaivedIFP attorney-abandonment due-process excusable-neglect pro-se pro-se-defendant rule-4(b) rule-4b sixth-amendment The Appellate Court violated Mr. Edwards Sixth Amendment Due Process Rights and Supreme Court precedent by the strict application of Rule 4(b). Where …