No. 22-5734

Timothy W. Saunders v. Terry Raybon, Warden

Lower Court: Eleventh Circuit
Docketed: 2022-10-03
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: appellate-procedure certificate-of-appealability circuit-split due-process gatekeeping-function habeas-corpus statutory-interpretation sua-sponte
Key Terms:
HabeasCorpus Securities
Latest Conference: 2023-01-13 (distributed 3 times)
Question Presented (AI Summary)

Question not identified

Question Presented (from Petition)

QUESTION PRESENTED When a petitioner files a proper application for a certificate of appealability, a single judge grants a defective certificate without objection from the appellee, and the case is fully briefed and set for argument, is 28 U.S.C. §2253’s gatekeeping function satisfied and the appeal should continue, as the Second, Third, Fourth, and Sixth Circuits have held, or may the defect in the certificate be raised sua sponte and the appeal dismissed as the Fifth, Seventh, Eighth, and Ninth Circuits hold and as the Eleventh Circuit did here? i

Docket Entries

2023-01-17
Petition DENIED.
2023-01-09
DISTRIBUTED for Conference of 1/13/2023.
2023-01-03
Rescheduled.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-11-28
Rescheduled.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-15
Reply of petitioner Timothy W. Saunders filed. (Distributed)
2022-10-31
Brief of respondent Terry Raybon, Warden in opposition filed.
2022-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2022)

Attorneys

Terry Raybon, Warden
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Lauren Ashley SimpsonOffice of the Attorney General State of Alabama, Respondent
Timothy W. Saunders
John Anthony PalombiFederal Defenders, Petitioner
John Anthony PalombiFederal Defenders, Petitioner