No. 18-8949

Hakim Muhammad v. Cedric Taylor, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-04-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights COA-standard color-of-authority constitutional-review counsel-performance due-process federal-appellate habeas-corpus ineffective-assistance-of-counsel judicial-proceedings post-conviction-relief state-court supervisory-power
Latest Conference: 2019-05-23
Question Presented (from Petition)

Did the eleventh circuit court of appeals enter a decision in conflict with decisions of other court of appeals (U.S.C.A.) on the same important matter, by deciding an important federal question, that of counsel's performance and the deprivation of his civil rights under color of authority, in a way that is so far departed from the accepted and usual course of judicial proceeding and the sanctioning of this court supervisory power, of the lower court abused its discretion to not issue a C.O.A. for Mr. Muhammad ineffective assistance of counsel claim?

Whether this court should grant the writ of certiorari and vacate the eleventh circuit court of appeal (U.S.C.A.) opinion and remand to that court for consideration that Mr. Mohammad that is determinative of the issue that require this court to exercise authority in Harris v. Nelson in holding that in it opinion Mr. Muhammad has not shown diligence, or the facts involved would be sufficient to establish by clear and convincing evidence that but for the constitutional error no reasonable fact finder would have found that Mr. Mohammad was guilty of the underlying offense, and unreasonably acted contrary to federal law in its determination of facts?

Was trial counsel performance ineffective within the meaning of Strickland v. Washington thus depriving Mr. Muhammad?

Did the state of Georgia suborn perjury in providing testimony against Mr. Muhammad pursuant to the 5,13:14 amendment to the U.S. Constitution?

Did employees of the State of Georgia violated Mr. Muhammad civil rights with the meaning of 18 U.S.C. § 241,242?

Did employees of the State of Georgia violate Mr.

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in a decision that conflicts with decisions of other Courts of Appeals on the same important matter, by deciding an important federal question, that of counsel's performance and the deprivation of his civil rights under color of authority, in a way that is so far departed from the accepted and usual course of judicial proceedings and the sanctioning of such a departure by the lower court as to call for the exercise of this Court's supervisory power

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-06-20
Petition for Rehearing filed.
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Waiver of right of respondent Cedric Taylor, Warden to respond filed.
2019-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)
2019-02-14
Application (18A827) granted by Justice Thomas extending the time to file until April 20, 2019.
2019-01-27
Application (18A827) to extend the time to file a petition for a writ of certiorari from February 19, 2019 to April 20, 2019, submitted to Justice Thomas.

Attorneys

Cedric Taylor, Warden
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Hakim Muhammad
Hakim Muhammad — Petitioner