No. 18-7260

In Re Vernon Shawn Daniels, Jr.

Lower Court: N/A
Docketed: 2019-01-07
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 11th-circuit 4th-circuit actual-innocence due-process equal-protection federal-prisoner habeas-corpus saving-clause writ-of-certiorari
Key Terms:
HabeasCorpus
Latest Conference: 2019-04-18 (distributed 2 times)
Question Presented (AI Summary)

Whether the Eleventh Circuit has effectively suspended the writ of habeas corpus without authorization

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Mr. Daniels was found guilty, after a Jury Trial, of conspiracy to commit a Hobbs Acts Robbery, two drug trafficking crimes and two firearm charges under 924(c). Mr. Daniels and Geary Lynch were approached at their residence by a Government Confidential informant (C1), Timothy Hylton, that would get them high and try to convince them to do a robbery. Mr. Daniels refused the CI's offers on several occasions. Timothy Hylton, however, persisted in trying to get Mr. Daniels and others to do the robbery. Mr. Daniels continued to refuse Timothy Hylton's offers. But on December 28th, 2007 things changed when Mr. Daniels was arrested with Mr. Hylton's marijuana and ecstasy, and Mr. Hylton gave Geary Lynch $100.00 to help Mr. Lynch post Mr. Daniels' bond. Timothy Hylton began to harass Mr. Daniels about money owed to him (Mr. Hylton) for drugs he (Mr. Daniels) had gotten arrested with as well as the $100.00 given to put up for Mr. Daniels' bond. Mr. Hylton's harassment reached the point of forcing Marijuana ; and ecstasy on Mr. Daniels so he could sell it to clear his debt. Mr. Daniels refused Mr. Hylton's offer to sell drugs and told him to count the bond money as well as the weed and ecstasy lost in his arrest as a loss. Mr. Hylton then threatened Mr. Daniels by brandishing a firearm and stating that he doesn't take losses. After threatening Mr. Daniels, Mr. Hylton than gave Mr. Daniels an ultimatum: Mr. Daniels could sell the drugs or do the robbery he had refused to do on several occasions. On January 16, 2008 Mr. Daniels was 19 years old and under the drinking age when he was given an alcoholic beverage by the case Agent, Michael Conners, ATF, in his case. After giving Mr. Daniels an alcoholic beverage he proceeded to discuss doing the robbery in this case. After being arrested Mr. Daniels was searched for weapons and later place in the back of a police unit with Geary Lynch. Officers warned Mr. Daniels and Mr. Lynch that the car had been searched ili ' y and that any drugs found would belong to them (Daniels & Lynch). After being left in -the police car Mr. Daniels discovered that 3 bags of Marijuana laced with ecstasy that he brought with him from the stash Timothy Hylton gave him was still on his person. Mr. Daniels was a drug user who liked to lace his marijuana with ecstasy as opposed to taking the pill and he had brought the three bags of marijuana laced with ecstasy to smoke. Through the help of Geary Lynch Mr. Daniels, with the officers warning in mind, swallowed these drugs so that they would not be later found on his person or in the back of the police car. Mr. Daniels was later taken to ATF headquarters where he gave statements to ATF while under the influence of alcohol given to him by the case agent and drugs he received from the Government's informant. Mr. Daniels attempted to suppress the statements due to drug intoxication but counsel refused to raise the issue that government agents were responsible for giving a minor alcohol, and that the drugs Daniels had taken in the police car were provided by the Government's CI. Agent Connors testified about Mr. Daniels' demeanor at the time of his Miranda statements. Agent Connors testimony was not inconsistent with someone under the influence of Marijuana or ecstasy. Mr. Connors testified, more in regards to the effects of someone under the influence of alcohol. Mr. Daniels also testified at the suppression hearing and his testimony was more consistent with someone under the influence of ecstasy : and marijuana. The Suppression question was not raised on appeal. Appeal counsel forgot and tried to supplement with an argument that Mr. Daniels had written. The Elelventh Circuit of the Court of appeal denied the motion to supplement and the issue was never heard by The Court of Appeals. Mr. Daniels filed a timely, pro se motion, under 18 U.S.C. § 2255 which was subsequently denied. Mr. Daniels also file two 60(b) motions; one was subsequently de

Docket Entries

2019-04-22
Rehearing DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-04-02
DISTRIBUTED for Conference of 4/18/2019.
2019-03-18
Petition for Rehearing filed.
2019-02-19
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2018-07-06
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Vernon Shawn Daniels
Vernon Shawn Daniels Jr. — Petitioner
Vernon Shawn Daniels Jr. — Petitioner