No. 19-7498

James Earvin Sanders v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights counsel-ineffectiveness criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel jurisdictional-challenge mitigating-evidence procedural-due-process psychiatric-mitigating-evidence time-bar-exception united-states-v-fessel
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-04-24 (distributed 2 times)
Question Presented (AI Summary)

Where counsel lies about the existence of psychiatric-mitigating-evidence,due-process,ineffective-assistance-of-counsel,habeas-corpus,constitutional-rights,criminal-procedure

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Where counsel lies about the existence of psychiatric mitigating evidence and denies the accused the Use of 16 U.S.C. SSooteA(ed in United States v. Fessel, does this constitute & substantial shawing of the denial of a Constitutional right far COA purpases ? TF a petitioner lacks the factual predicate to file Under 98 U.3.C. § Ad4A(A)(1A) and the one-year period expires: 13 he time-barred from filing under (D)? How does the LS. Marshal Hold (Exhibit 4) not eonstitute an Unconstitutional State action under AA(ANB) shen (1) the action thereat hindered access to the courts, and (4) denied “equal pratection of the laws?” When an unconstitutional State action triqgers BAA (AAD: does @ petitioner still need to shows the “actranrdinary Circumstances” of Holland v. Florida 6r the external interference in Coleman v. Thompson f Onee Activated, iS there & time limit as to how long daAN(4)(1)(8) can last? Is theve any ruling or statute that prohibits a haloeas petitioner Fram starting under Jad (NA), Octwating (Di triggering (8) and then removing (®) by reactWating (D\? Could the Court clart fy the “reasonable diligence” in Yolland in relation to this case? \

Docket Entries

2020-04-27
Rehearing DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-03-25
Petition for Rehearing filed.
2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-10
Waiver of right of respondent United States to respond filed.
2019-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)
2019-09-03
Application (19A248) granted by Justice Alito extending the time to file until November 16, 2019.
2019-08-16
Application (19A248) to extend the time to file a petition for a writ of certiorari from September 17, 2019 to November 16, 2019, submitted to Justice Alito.

Attorneys

James Earvin Sanders
James E. Sanders — Petitioner
James E. Sanders — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent