No. 18-5727

Andre K. Clarke v. Julie L. Jones, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2018-08-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: agency-principles attorney-error buck-v-davis certificate-of-appealability circuit-split equitable-tolling extraordinary-circumstances habeas-corpus limitations-period miller-el-v-cockrell
Key Terms:
HabeasCorpus Securities
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether Maples v. Thomas requires importation of agency principles into the equitable tolling context

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether Maples v. Thomas, 565 U.S. 266 (2012) requires importation of agency principles into the equitable tolling context, such that it alters this Court’s conclusion two years earlier in Holland v. Florida, 560 U.S. 631 (2010) that attorney error can constitute extraordinary circumstances allowing for equitable tolling of the one-year limitations period applicable to 28 U.S.C. § 2254 habeas corpus petitions. 2. Whether the Eleventh Circuit’s rule that a certificate of appealability cannot be granted where an issue is foreclosed by circuit precedent conflicts with Miller-El v. Cockrell, 537 U.S. 322 (2003), and Buck v. Davis, 580 U.S. ___, 187 S. Ct. 759 (2017), as well as decisions of the Third and Ninth Circuits holding that a split in the circuits warrants a COA. i INTERESTED PARTIES . There are no

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-12
Waiver of right of respondent Julie L. Jones, Secretary, Florida Department of Corrections to respond filed.
2018-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

Andre Clarke
Janice L. Bergmann — Petitioner
Julie L. Jones, Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent