No. 21-5103

Duane Yates v. Patty Wachtendorf, Warden

Lower Court: Eighth Circuit
Docketed: 2021-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence attorney-misconduct equitable-tolling habeas-corpus holland-v-florida ineffective-assistance-of-counsel jurisdictional-deadline post-conviction-relief post-conviction-remedy procedural-default
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether, in light of Petitioner's compelling case of actual innocence, and the state post-conviction attorney's express lies about two missed deadlines, including the jurisdictional deadline to reinstate Petitioner's only state postconviction remedy, this Court should vacate, grant, and remand for further proceedings in light of the equitable tolling standards of Holland v. Florida?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Whether, in light of Petitioner’s compelling case of actual innocence, and the state post-conviction attorney’s express lies about two missed deadlines, including the jurisdictional deadline to reinstate Petitioner’s only state postconviction remedy, this Court should vacate, grant, and remand for further proceedings in light of the equitable tolling standards of Holland v. Florida? i

Docket Entries

2021-10-04
Petition DENIED.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-08-10
Waiver of right of respondent Patty Watchtendorf to respond filed.
2021-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2021)

Attorneys

Duane Yates
Rockne ColeCole Law Firm, PC, Petitioner
Rockne ColeCole Law Firm, PC, Petitioner
Patty Watchtendorf
Kevin CmelikIowa Department of Justice, Respondent
Kevin CmelikIowa Department of Justice, Respondent