No. 22-6252

In Re James E. Hitchcock

Lower Court: N/A
Docketed: 2022-12-08
Status: Denied
Type: IFP
IFP
Tags: actual-innocence appeals constitutional-rights death-penalty due-process federal-courts federal-habeas post-conviction state-habeas writ-of-habeas-corpus
Key Terms:
ERISA DueProcess HabeasCorpus Punishment Securities Jurisdiction JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether the federal courts' refusal to hear Mr. Hitchcock's meritorious federal claims amounted to a suspension of the writ

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the federal courts’ refusal to hear Mr. Hitchcock’s meritorious federal claims after he received a new judgment and sentence amounted to a suspension of the writ? 2. Whether the federal courts’ refusal to hear Mr. Hitchcock’s federal claims denied him due process because it created a real risk of the execution of an actually innocent person? i

Docket Entries

2023-03-20
Petition DENIED.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-08
Brief of respondent Florida in opposition filed.
2023-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2023.
2023-01-06
Motion to extend the time to file a response from January 9, 2023 to February 8, 2023, submitted to The Clerk.
2022-12-05

Attorneys

James E. Hitchcock
James L. Driscoll Jr.Law Office of the Capital Collateral CounselMiddle, Petitioner
James L. Driscoll Jr.Law Office of the Capital Collateral CounselMiddle, Petitioner
Secretary, Florida Department of Corrections
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent