No. 20-5351

Terry Alexander Wade v. Stanley Williams, Warden

Lower Court: Eleventh Circuit
Docketed: 2020-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-procedure civil-rights due-process personal-property search-and-seizure
Key Terms:
HabeasCorpus CriminalProcedure Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on unreasonable searches and seizures

Question Presented (OCR Extract)

No question identified. : 1. A CERTIFICATE OF APPEALABILITY WAS WRONGFULLY DENIED BY THE ELEVENTH CIRCUIT AS TO THE ISSUES OF CONFLICTED, INEFFECTIVE TRIAL AND APPELLATE/POST CONVICTION COUNSEL, AND ERRORS BY THE TRIAL COURT WHO FAILED TO INSTRUCT THE JURY AS TO LESSER INCLUDED OFFENSE AND ALIBI, WHICH DENIED WADE A FAIR TRIAL IN VIOLATION OF THE FIFTH AND SIXTH AMENDMENTS TO THE U.S. CONSTITUTION. THE ELEVENTH CIRCUIT ERRED IN DENYING THE COA, AFTER WADE DEMONSTRATED THAT THERE WAS A DENIAL OF ONE OR MORE SUBSTANTIAL CONSTITUTIONAL RIGHTS, WHICH CAUSED HIS CONVICTION, AND WHICH WOULD GIVE THE REASONABLE JURIST PAUSE TO QUESTION THE RELIABILITY OF THE CONVICTION AND THE ULTIMATE VERDICT. Il. THE LAW IN GEORGIA HAS CHANGED AS OF FEBRUARY 10, 2020, STATE V. LANE, 308 Ga. 10 (2020) . THE CUMULATIVE EFFECT OF TWO OR MORE INDIVIDUALLY HARMLESS ERRORS ARE NOW RECOGNIZED TO PREJUDICE A DEFENDANT TO THE SAME EXTENT AS A SINGLE REVERSIBLE ERROR. WADE’S CASE SHOULD BE REMANDED TO THE STATE COURTS FOR A CUMULATIVE ERROR EVALUATION, CONSIDERING THE NEW LAW. 1

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-31
Waiver of right of respondent Williams, Warden, Stanley to respond filed.
2020-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2020)

Attorneys

Terry Wade
Linda S. SheffieldAttorney at Law, Petitioner
Linda S. SheffieldAttorney at Law, Petitioner
Williams, Warden, Stanley
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent