William Greg Thomas v. Ashley Moody, Attorney General of Florida, et al.
DueProcess HabeasCorpus Securities
When a court-appointed CJA counsel sacrificed a petitioner's federal habeas review by intentionally filing an untimely petition, does due-process allow equitable-tolling but limit habeas-review to claims presented by the disloyal attorney?
QUESTIONS PRESENTED The questions presented are: 1. When a court determines that a court-appointed CJA counsel “sacrificed [Petitioner’s] guaranteed opportunity of federal habeas review” by intentionally filing a federal habeas petition untimely, does it comport with due process forgive the untimely filing on the grounds of equitable tolling, but then saddle Petitioner with a habeas petition prepared by an attorney who was sacrificing Petitioner’s right to federal habeas review of his claims? 2. Does it violated due process for courts to limit the federal habeas review of a Petitioner’s challenges to his conviction and death sentence to just those presented by an attorney who “acted in bad faith and abdicated her duty of loyalty to [Petitioner] so that she could promote her own interests? i