No. 21-5365

Mark Lee Wilkinson v. Siobhan Burtlow, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2021-08-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: conviction conviction-challenge habeas-corpus new-judgment petition-filing sentence statute-of-limitations statutory-interpretation successive-petitions time-limitation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (AI Summary)

whether-new-judgment-restarts-one-year-time-limitation

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : Whether, consistent with this Court’s holdings in Burton v. Stewart, 549 U.S. 147 | (2007), an intervening new judgment between two habeas petitions restarts the one7 year time limitation even when the second petition challenges the underlying ; conviction rather than the new sentence? i | Whether, consistent with this Court’s holdings in Magwood v. Patterson, 561 U.S. 320 | (2010), where there is a new judgment intervening between two habeas petitions, an | application challenging the resulting new judgment is not second or successive even when the second petition challenges the underlying conviction rather than the new sentence? ;

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-10-20
Petition for Rehearing filed.
2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-20
Waiver of right of respondent Burtlow, Warden, et al. to respond filed.
2021-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2021)

Attorneys

Burtlow, Warden, et al.
Jillian Joy PriceColorado Attorney General's Office, Respondent
Mark Lee Wilkinson
Mark Lee Wilkinson — Petitioner