No. 20-7030

Devaron Antoine Love v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-02-03
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2255 actual-innocence criminal-procedure federal-habeas habeas-corpus judicial-review new-decision procedural-default section-2255 unlawful-conduct
Key Terms:
HabeasCorpus
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether a movant under 28 U.S.C. § 2255 can show actual-innocence to overcome a procedural-default

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a movant under 28 U.S.C. § 2255 can show actual innocence to overcome a procedural default where he can show, based on a new decision from this Court, that his prior conduct was not unlawful. i LIST OF RELATED CASES 1. Love v. United States, Case No. 5:17-cv-8008-RDP, U.S. District Court for the Northern District of Alabama. Memorandum Opinion and Order denying 28 U.S.C. § 2255 motion on March 9, 2020. 2. Love v. United States, No. 20-11767, U.S. Court of Appeals for the Eleventh Circuit. Order denying a certificate of appealability on August 3, 2020. Order denying reconsideration on September 3, 2020. ii

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-09
Memorandum of respondent United States of America filed.
2021-03-31
Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2021.
2021-03-30
Motion to extend the time to file a response from April 5, 2021 to April 9, 2021, submitted to The Clerk.
2021-02-25
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2021.
2021-02-24
Motion to extend the time to file a response from March 5, 2021 to April 5, 2021, submitted to The Clerk.
2021-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2021)

Attorneys

Devaron Love
Alexandria DarbyOffice of the Federal Public Defender for the Northern District of Alabama, Petitioner
Alexandria DarbyOffice of the Federal Public Defender for the Northern District of Alabama, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent