No. 20-5141

Daniel Harold Williford v. United States

Lower Court: Fourth Circuit
Docketed: 2020-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: equitable-tolling family-resemblance-test federal-securities fraud iou-agreement private-transaction private-transactions securities-law state-statutes
Key Terms:
HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a private IOU or other private document between individuals constitutes a 'security' under federal securities laws

Question Presented (OCR Extract)

question presented is: If a private individual gives an IOU for 90 days, or other private document, which details the terms of their agreement to his personal friend or relative, should such an agreement constitute a “security” for the purposes of the federal security laws and therefore be subject to the “family resemblance” test for securities or are such transactions excluded since they were not created nor intended for any sort of public use and rather subject to state statutes for fraud? 2. The Appellate Courts are split on whether equitable tolling should apply where an inmate litigant is prevented from timely filing a NOTICE OF APPEAL as a result of failure by prison authorities to deliver the District Court’s Judgment to the inmate upon receipt by the prison authorities. In this case, the United States Court of Appeals for the Fourth Circuit did not apply equitable tolling and ; dismissed the appeal because of a lack of timeliness without consideration of the delays beyond the petitioner’s knowledge or control. Other courts of appeal have ; i held that equitable tolling applies in similar situations. The question presented is: Should equitable tolling apply where an inmate, claiming actual innocence, was not provided with a copy of the judgment from the District Court when it was received by prison authorities, thereby preventing the timely filing of a NOTICE OF APPEAL within the 14 days as required by court rules. ii

Docket Entries

2020-10-05
Petition DENIED.
2020-07-30
DISTRIBUTED for Conference of 9/29/2020.
2020-07-27
Waiver of right of respondent United States to respond filed.
2020-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2020)

Attorneys

Daniel Harold Williford
Daniel Harold Williford — Petitioner
Daniel Harold Williford — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent