No. 18-9457

Edwin D. McMillan v. Ron Rackley, Warden

Lower Court: Ninth Circuit
Docketed: 2019-05-30
Status: Denied
Type: IFP
IFP
Tags: 28-u.s.c.-2244(d)(1) 28-usc-2244 constitutional-rights due-process equitable-tolling extraordinary-circumstances federal-procedure habeas-corpus state-impediment statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does strict calculation of timeliness after finding of extraordinary circumstances created by a state impediment to filing 28 U.S.C. section 2244(d)(1) equitable tolling violate petitioner's right to due process of law?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED i DOES STRICT CALCULATION OF. TIMELINESS AFTER FINDING OF EXTRAORDINARY CURCUNSTANCES CREATED BY A_ STATE IMPEDIMENT TO FILING 28.U.S.C. SECTION 2244(D)(1) EQUITABLE TOLLING VIOLATE PETITIONERS RIGHT TO DUE PROCESS OF LAW? : : IL. : DOES WITHHOLDING OF TAPE RECORDED STATEMENTS TO IMPEACH DIESCRIPTION OF ASSAILANT AND COOPERATION WITH CODEFENDANT VIOLATION OF BRADY V. MARYLAND / VIOLATION OF DUE PROCESS 14TH AMENDMENT III. DOES APPELLATE FACT FINDING OF ESSENTIAL ELEMENTS OF ‘ OFFENSE TO RESOLVE AN AMBIGUOUS JURY VERDICT VIOLATION : OF DUE PROCESS OF LAW UNDER 14 THE AMENDMENT/RIGHT TO JURY TRIAL?? IV. IS AN ALL OR NOTHING VERDICT VIOLATIVE OF DUE PROCESS PRINCIPALS UNDER 14TH AMENDMENT? ae V. DOES WITHHOLDING TAPED RECORDED STATEMENTS OF THE VICTIMS INITIALLY DISTINCT DESCRIPTION AND CO-DEFENDANTS PLEA NEGOTIATION VIOLATE DUE PROCESS?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2018-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)

Attorneys

Edwin McMillan
Edwin D. McMillan — Petitioner