No. 19-7928

Al Prince v. Ashley Moody, Attorney General of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts appellate-procedure civil-rights constitutional-rights due-process equitable-tolling extraordinary-circumstances habeas-corpus judicial-review miscarriage-of-justice post-conviction-relief
Key Terms:
Immigration
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether a state-created delay of uninformed notification that a second amended (corrected sentencing) judgment of conviction had become final and ripe for a second appeal constitutes an extraordinary circumstances warranting equitable tolling of the AEDPA one year habeas corpus time period amounting to a miscarriage of justice

Question Presented (from Petition)

QUESTION(S) PRESENTED | L. WHETHER A etaTe CREATED DELAY OF UNINFORMED NOTLEICATION THAT A SECOND AMENDED (CORRECTED SENTENCING) JUDG | MENT OF CONVICTION HAD BECOME FINAL AND RIPE FOR ASECOND | APPEAL CONSTITUTES AN EXTRAORDINARY CIRCUMSTANCES WARRANTING EQUITABLE TOLLING OF THE AEDPA ONE YEAR ABEAS CORPUS TIME PERIOD AMOUNTING TD A MISCARRIAGE OF TUSUE, WHERE SIMILAR SLTUATED DEFENDANT'S WAVE. RECEIVED THE BENEFITS OF THE SANE. TOLLING BEING DENIED TRE PETCHNER ° 2. WHETHER A MISPERCETVED CLAIM OF A DUE PROCESS vI0LATION AND A DENIAL OF ACCESS OF THE COURT, WHERE THE PETLTIDNER WAS NEVER NOTLFLED OF AN OPPORTUNETY BY THE STATE COURTS OF A SECOND DIRECT APPEAL AFTER A SUCCEeeFU FIRST APPEAL NETTED A CORRECTED AMENDED TUXCHENT AND ; SENTENCE, WHICH HAS BEEN REVIEWED BY THE FEDERAL COURTS AS ARGUING AN APPEAL OF A POSTOONNIICTION 3.850 MOTION RATHER THAN THE. TRUE CLAIM, DESERVES CORRECTION UNDER HALBERT V, MICHIGAN, 5Y5 U.S, 605 (2005) ° _— | — | mo ! . | i

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-25
Waiver of right of respondent FL Att'y Gen., et al. to respond filed.
2020-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Al Prince
Al Prince — Petitioner
Al Prince — Petitioner
FL Att'y Gen., et al.
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent