No. 21-6031

William Greg Thomas v. Ashley Moody, Attorney General of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-10-20
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights court-appointed-counsel due-process equitable-tolling federal-review habeas-corpus habeas-review ineffective-assistance
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2022-01-07
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-11-19
Brief of respondent Florida in opposition filed.
2021-10-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2021)

Attorneys

State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
William Thomas
Martin J. McClainLaw Office of Martin J. McClain, Petitioner