No. 18-9503

Donald M. Boswell v. Louisiana, et al.

Lower Court: Fifth Circuit
Docketed: 2019-05-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §2254-petition certificate-of-appealability due-process equitable-tolling habeas-corpus post-conviction post-conviction-proceedings post-conviction-relief state-created-impediments statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the United States District Court for the Western District of Louisiana and the United States Court of Appeals for the Fifth Circuit err when they both denied Petitioner's certificate of appealability (COA), as time barred, after he made a valid showing of several errors by the state court officials in processing his post-conviction filings that caused his delay and was not by his actions that caused Boswell's application to be DENIED on April 2, 2019, seven (7) days after post-conviction was denied in his state's supreme court?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Boswell contends that, due to several errors by the state court officials in processing his post-conviction filings, his §2254 petition hsould be considered timely filed through the application of 28 U.S.C. §2244(d)(1)(B) because he encountered state-created impediments. He alSo asserts that he is entitled to equitable tolling on account of the state court processing errors and his diligence pursuing relief. Did the United States District Court for the Western District of Louisiana and the United States Court of Appeals for the Fifth Circuit err when they both denied Petitioner's certificate of appealability (COA), as time barred, after he made a valid showing of several errors by the state court officials in -processinghhis post-conviction filings that caused his delay and was not by his actions that caused Boswell's application to be DENIED on April 2, 2019, seven (7) days after post-conviction was denied in his state's supreme court? i

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-27
Waiver of right of respondent Louisiana, et al. to respond filed.
2019-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)

Attorneys

Donald M. Boswell
Donald M. Boswell — Petitioner
Donald M. Boswell — Petitioner
Louisiana, et al.
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Elizabeth Baker MurrillOffice of the Attorney General, Respondent