No. 20-7406

Lionel Robinson v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-03-10
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: circuit-court-conflict civil-procedure constitutional-rights due-process equitable-tolling federal-petition gross-negligence habeas-corpus postconviction-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-10 (distributed 2 times)
Question Presented (AI Summary)

Does gross negligence of postconviction counsel warrant equitable tolling for federal habeas filing?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does gross negligence on the part of postconviction counsel in the filing of timely postconviction motions constitute reasons warranting application of equitable tolling for filing a Petition for Writ of Federal Habeas Corpus? While the Petitioner and this Court have recognized that defendants do not have a constitutional right to postconviction counsel, they also recognize that the time for filing Federal petitions can be equitably tolled when the petitioner has been pursuing his filings diligently and any delay is attributable to circumstances beyond a defendant’s control. Here, Robinson argues that he is entitled to equitable tolling for the delay caused by postconviction counsel hired to file the Petitioner’s postconviction motions. The Eleventh U.S. Circuit Court of Appeals answer to the above question in the negative represents a decision that is in conflict with decisions from this Honorable Court and from other U.S. Circuit Court of Appeals. i of ,

Docket Entries

2021-08-23
Rehearing DENIED.
2021-07-29
DISTRIBUTED.
2021-07-02
Petition for Rehearing filed.
2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-07
Brief of respondent State of Florida in opposition filed.
2021-04-07
Response Requested. (Due May 7, 2021)
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-22
Waiver of right of respondent State of Florida to respond filed.
2021-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2021)

Attorneys

Florida Robinson
Lionel Robinson — Petitioner
State of Florida
Amitabh AgarwalOffice of the Attorney General, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent