No. 22-5871

Timothy Steel v. Dan Winkleski, Warden

Lower Court: Seventh Circuit
Docketed: 2022-10-19
Status: Denied
Type: IFP
IFP
Tags: anders-v-california constitutional-error direct-appeal due-process habeas-corpus ineffective-assistance-of-counsel statute-of-limitations writ-of-certiorari
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Is a petitioner entitled to effective assistance of successor counsel to file a 2254 writ of habeas corpus despite the statute of limitations

Question Presented (from Petition)

QUESTIONS PRESENTED 1. IS A PETITIONER ENTITLED TO BE PROVIDED THE EFFECTIVE ASSISTNACE OF ° SUCCESSOR OOUNSEL IN ACCORD WITH DUE PROCESS OF LAW, THEREBY OVERCOMING THE ONE-YEAR STATUTE OF LIMITATIONS UNDER 2244(d), TO FILE A aon 2254 WRIT OF HABEAS CORPUS, IF BOTH THE APPELLATE COURT AND THE PETITIONERS COURT APPOINTED COUNSEL FAILED TO IDENTIFY THE EXISTENCE OF AN TISSUE OF ARGUABLE MERIT WHILE DECIDING A DIRECT APPEAL UNDER ANDERS V. CALIFRRNIA, 386 U.S. 736 (1967) ? 2. IS A LEGAL ERROR COMMITTED BY THE STATE COURT WHILE DECIDING A DIRECT APPEAL UNDER ANDERS V. CALIFORNIA, 386 U.S. 736 (1967), AN EXTERNAL IMPEDIMENT BEYOND THE PETITIONERS CONTROL WHICH WOULD PROVIDE GROUNDS FOR ; EQUITABLE TOLLING ? . 3. DID THE LOWER COURTS ERR BY FAILING TO GRANT A CERTIFICATE OF APPEALAIBILITY ? A , 1. PARTIES IN COURT BELOW Other than the present petitioner and Respondent, there was no other parties in the lower Court's & a.

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2022)

Attorneys

Timothy Steel
Timothy Steel — Petitioner
Timothy Steel — Petitioner