Daniel Harold Williford v. United States
HabeasCorpus Securities JusticiabilityDoctri
Whether a private IOU or other private document between individuals constitutes a 'security' under federal securities laws
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