No. 20-5274

James S. Harris v. Sherie Korneman, Warden

Lower Court: Eighth Circuit
Docketed: 2020-08-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability district-court equitable-tolling habeas-corpus limitations-period reasonable-jurists
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Did Mr. Harris present reasons for why the one-year limitations period should be equitably tolled in his case to which reasonable jurists could differ concerning the correctness of the district court's conclusion, thus requiring a COA?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Mr. Harris filed a petition for habeas corpus relief from his state court convictions and sentences. The district court found that the petition was timebarred and denied a certificate of appealability (COA). Without explanation, the Eighth Circuit also denied a COA. The case thus presents the following question: Did Mr. Harris present reasons for why the one-year limitations period should be equitably tolled in his case to which reasonable jurists could differ concerning the correctness of the district court's conclusion, thus requiring a COA?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-13
Waiver of right of respondent Sherie Korneman to respond filed.
2020-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2020)

Attorneys

James Harris
Kevin Louis SchrienerLaw & Schriener, LLC, Petitioner
Kevin Louis SchrienerLaw & Schriener, LLC, Petitioner
Sherie Korneman
Julie Marie BlakeOffice of the Missouri Attorney General, Respondent
Julie Marie BlakeOffice of the Missouri Attorney General, Respondent