No. 18-9251

Willie James Atkins v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-05-13
Status: Denied
Type: IFP
IFP
Tags: aedpa aedpa-legislation civil-procedure constitutional-provisions discovery-rule equitable-tolling fraudulent-concealment materially-indistinguishable standing
Key Terms:
DueProcess HabeasCorpus Jurisdiction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the Doctrine of 'Equitable Tolling' due to claims of 'Fraudulent Concealment' of obviously important facts, extend to AEDPA legislative cases?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. QUESTION: Does the Doctrine of ‘Equitable Tolling’ due to claims of "FRAUDULENT CONCEALMENT' of obviously important facts, extend to AEDPA legislative cases, if the lower court lliikewise, cliited and sought guidance tin other NON-AEDPA Legislative cases-? 2.. QUESTION: Does Suits in Admirality Act (SAA) Legislation extended by the Fifth Circuit into AEDPA case law, used as guidance to the questiton of ‘EQUITABLE TOLLING', justify Atkins attempt to extend FTCA Legislation as "MATERIALLY 3. QUESTION: Does SAA Legislatllon regarding ‘DISCOVERY RULE' extend to Atkins. case on a set of MATERIALLY INDISTINGUISHABLE facts-? 4. QUESTION: Should the argument for RARE and EXCEPTIONAL cl!rcumstances claimed in BUCK v. DAVIS, 137 S.Ct. 759 (2017), extend to the INSTANT CASE on a set of MATERIALLY INDISTINGUISHABLE FACTS. 5. QUESTION: Was trial counsel's decllsion not to investilgate claims of non-transmission; impoach detcct!!ve durllng suppression hearing; cross examine and impeach in jury's presence REASONABLE professional standards, resultilng in prejudice. q ov

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2019)

Attorneys

Willie J. Atkins
Willie James Atkins — Petitioner
Willie James Atkins — Petitioner