No. 21-5741

Jonathan Godwin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-09-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2253 abandonment-of-claims certificate-of-appealability constitutional-claim constitutional-claims district-court habeas-corpus procedural-ruling procedural-rulings slack-v-mcdaniel
Key Terms:
HabeasCorpus
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Whether an applicant must demonstrate both the debatability of constitutional claims and the debatability of procedural rulings to obtain a certificate of appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. WHETHER AN APPLICANT HAS TO DEMONSTRATE BOTH THE DEBATABILITY OF CONSTITUTIONAL CLAIM(S) AND THE _ DEBATABILITY OF PROCEDURAL RULING(S), BEFORE ISSUANCE OF A CERTIFICATE OF APPEALABILITY PURSUANT TO 28 U.S.C. § 2253(C), . WHERE THE APPLICATION FOR THE CERTIFICATE PRESENT ONLY MERIT DETERMINE CLAIMS REACHED BY THE DISTRICT COURT? 2. WHETHER THE STANDARD FOR ISSUANCE OF A CERTIFICATE OF APPEALABILITY AS SET FORTH IN SLACK V. McDANIEL, 529 U.S. 473 (2000) REQUIRE AN APPLICANT TO DEMONSTRATE BOTH THE DEBATABILITY OF CONSTITUTIONAL CLAIM(S), AND THE DEBATABILITY OF PROCEDURAL RULING(S), IRRESPECTIVE OF THE APPLICANTS ABANDONMENT OF THOSE CLAIM(S) THE DISTRICT COURT DISMISSED ON PROCEDURAL GROUNDS?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-10-29
Waiver of right of respondent Mark Inch to respond filed.
2021-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2021)

Attorneys

Jonathan Godwin
Jonathan Godwin — Petitioner
Jonathan Godwin — Petitioner
Mark Inch
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent