No. 22-5676

Bernard D. Ellerbe v. Robert May, Warden, et al.

Lower Court: Third Circuit
Docketed: 2022-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability hinton-standard hinton-v-united-states ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default strickland-claim strickland-v-washington third-circuit
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Did the Third Circuit & Delaware District Courts err by denying a Certificate of Appealability seeking to challenge procedural default findings where debatable Hinton/Strickland claim was presented?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Third Circuit & Delaware District Courts err by denying a Certificate of | Appealability seeking to challenge procedural default findings where debatable Hinton/Strickland claim was presented?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Waiver of right of respondent Robert May, et al. to respond filed.
2022-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)
2022-07-29
Application (22A80) granted by Justice Alito extending the time to file until October 3, 2022.
2022-07-25
Application (22A80) to extend the time to file a petition for a writ of certiorari from August 4, 2022 to October 3, 2022, submitted to Justice Alito.

Attorneys

Bernard Ellerbe
Bernard Ellerbe — Petitioner
Bernard Ellerbe — Petitioner
Robert May, et al.
Elizabeth Roberts McFarlanDepartment of Justice, Respondent
Elizabeth Roberts McFarlanDepartment of Justice, Respondent