No. 20-5647

Robert William Moynihan v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-injustice constitutional-manifest-injustice exceptional-circumstances federal-courts judicial-power legal-remedy procedural-default standing
Key Terms:
DueProcess
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether the petitioner, as a matter of law, who has presented clear and convincing evidence demonstrating a constitutional injustice, is entitled to a Certificate of Appealability under exceptional circumstances where all federal courts have the power and authority to correct such injustice, despite any procedural default?

Question Presented (OCR Extract)

No question identified. : _p | mm. Question Resented — Whether or nok, as a matter of law, wove fe po. Se litigank, whe has presented clear | -and_ convincing evidence. demonsbroting a. ae constitutional im nature monifest ivgustice, ~~. ~-|-is_entitled +o Cectficate of Appeolability, | under_exceptional circumstances where all ed Coucks have. the powerond avthoriby to cf Conc ce Such. ingustice. despite any procedural von | defowlk? — ee SasEEENNEE Ui H

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-25
Waiver of right of respondents Mark Inch, Secretary, Florida Department of Corrections, et al. to respond filed.
2020-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Inch, Sec., FL DOC, et al.
Pamela J. KollerOffice of the Attorney General, Respondent
Pamela J. KollerOffice of the Attorney General, Respondent
Robert W. Moynihan
Robert William Moynihan — Petitioner
Robert William Moynihan — Petitioner