No. 20-5527

Mark Benton v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al.

Lower Court: Third Circuit
Docketed: 2020-08-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 aedpa attorney-abandonment capital-cases circuit-split equitable-tolling extraordinary-circumstances habeas-corpus
Latest Conference: 2020-09-29
Question Presented (from Petition)

1). When this Court issued Holland v. Florida, 130 S.ct. 2549 (2010), decision, is this Honorable Court intent to apply Hollando to "Capital cases only" for of Attorney Abandonment issues and equitable tolling of the (AEDPA's) one-1-year period to file a petition for Habeas Corpus relief pursuant to 28 U.S.C. Section 2254? If not, did the District Court and U.S. Court of Appeals error in ruling and abuse it's discretion ion denying Petitioner's Rule 60(b)(6) motion by holding "It is not clear" that the Supreme Court in Holland intended to overrule the Third Circuit holdings that in "Non-Capital case", Attorney error, miscalculation, or other mistakes have not been found to rise to the "extraordinary circumstances" required for equitable tolling.was purposes

This Honorable Court should resolve the Conflict in Circuit U.S. Court of Appeals and U.S. District Court decision(s) relating to attorney abandonment and equitable tolling of the (AEDPA's) one-l-year period to file a 28 U..S.C. Section 2254 Habeas Petition?2).

Question Presented (AI Summary)

When this Court issued Holland v. Florida, 130 S.ct. 2549 (2010), decision, was the intent to apply it to Capital cases only for purposes of Attorney Abandonment issues and equitable tolling of the (AEDPA's) one-year period to file a petition for Habeas Corpus relief pursuant to 28 U.S.C.Section 2254?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-09-01
Waiver of right of respondent Capozza, Supt., Fayette, et al. to respond filed.
2020-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2020)

Attorneys

Capozza, Supt., Fayette, et al.
Jill Marie GrazianoBucks County District Attorney's Office, Respondent
Mark Benton
Mark Benton — Petitioner