No. 20-6135

Justin Mertis Barber v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-10-26
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability due-process eleventh-circuit federal-statute habeas-corpus ineffective-assistance-of-counsel procedural-default statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in denying Barber's motion for leave to file a motion for a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED I. WHETHER THE ELEVENTH CIRCUIT COURT OF APPEALS ERRED IN DENYING BARBER’S MOTION FOR LEAVE TO FILE A MOTION FOR A CERTIFICATE OF APPEALABILITY FINDING THAT BARBER’S UNDERLYING PETITION FOR HABEAS CORPUS WAS BARRED BY THE ONE-YEAR STATUTE OF LIMITATIONS, 28 U.S.C. § 2244(d)? i

Docket Entries

2020-12-07
Petition DENIED.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-11-16
Waiver of right of respondent Secretary, Florida Department of Corrections, Florida Attorney General to respond filed.
2020-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2020)

Attorneys

Justin Mertis Barber
William Mallory Kent — Petitioner
William Mallory Kent — Petitioner
Secretary, Florida Department of Corrections, Florida Attorney General
Kellie A. Nielan — Respondent
Kellie A. Nielan — Respondent