No. 20-5111

James Earvin Sanders v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2244 extraordinary-circumstances federal-statute habeas-corpus judicial-review rare-and-exceptional-circumstances statutory-interpretation tolling tolling-provision
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a petitioner must demonstrate 'extraordinary circumstances' or 'rare and exceptional circumstances' if he falls under a statutory tolling provision under 28 U.S.C. §2244(d)(1)(A)-(D), and whether there is a limit to how long a petitioner can be protected under provision (B) of the statute

Question Presented (from Petition)

QUESTION(S) PRESENTED If a petitioner can demonstrate that he falls under a built-in tolling provision a described in 28 U.S.C. §2244(d)(1)(A)-(D), does he also need to demonstrate the "extraordinary circumstances" of Holland v. Florida, or the "rare and exceptional circumstances" of Davis v. Johnson? Is there a limit to how long a petitioner can be protected under provision (B) of the above statute?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Supplemental brief of petitioner James Earvin Sanders filed.
2020-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)
2020-03-12
Application (19A1008) granted by Justice Alito extending the time to file until May 11, 2020.
2020-02-11
Application (19A1008) to extend the time to file a petition for a writ of certiorari from March 12, 2020 to May 11, 2020, submitted to Justice Alito.

Attorneys

James Earvin Sanders
James E. Sanders — Petitioner
James E. Sanders — Petitioner