No. 19-5068

Willie J. Trimble, Jr. v. Mathew Hansen, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2019-07-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2244 due-process federal-holidays fourteenth-amendment habeas-corpus implicit-conclusion mailbox-rule party-presentation time-limitation
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Tenth Circuit Court of Appeal(s) decision was in contrary with U.S. Supreme Court precedent

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER THE TENTH CIRCUIT COURT OF APPEAL(S) DECISION WAS IN CONTRARY WITH U.S. SUPREME COURT PRECEDENT, BY FAILING TO LIBERALLY CONSTRUE THE MAILBOX RULE WHEN CONSIDERING FEDERAL HOLIDAYS, CALCULATING THE ONE YEAR TIME LIMITATION PERIOD, UNDER 28 U.S.C.A. 2244(d)(1). Mc Neil v. U.S., 508 U.S. 106, 113, 113 S.ct. 1980 (1993). II. WHETHER THE TENTH CIRCUIT COURT OF APPEAL(S) DECISION VIOLATED PETITIONER(S) DUE PROCESS RIGHTS UNDER THE FOURTEENTH AMENDMENT OF THE U.S. CONSTITUTION, THE PRINCIPLE OF PARTY PRESENTATION BY ALTERING THE DISTRICT COURT(S) DECISION THROUGH A IMPLICIT CONCLUSION OF THE FACT(S), “THAT BENEFITED THE NONAPPEALING PARTY. Greenlaw v. U.S., 554 U.S. 237, 243-44, 128 S.ct. 2559 (2008). i

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-08
Waiver of right of respondents Mathew Hansen, Warden, et al. to respond filed.
2019-06-25
Application (18A1162) granted by Justice Sotomayor extending the time to file until July 29, 2019.
2019-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2019)
2019-06-14
Application (18A1162) to extend further the time from June 28, 2019 to July 8, 2019, submitted to Justice Sotomayor.
2019-05-10
Application (18A1162) granted by Justice Sotomayor extending the time to file until June 28, 2019.
2019-04-29
Application (18A1162) to extend the time to file a petition for a writ of certiorari from May 29, 2019 to June 28, 2019, submitted to Justice Sotomayor.

Attorneys

Mathew Hansen, Warden, et al.
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Willie Trimble
Willie James Trimble Jr. — Petitioner
Willie James Trimble Jr. — Petitioner