No. 22-6542

Warren Douglas Vann v. United States

Lower Court: Tenth Circuit
Docketed: 2023-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-misconduct certificate-of-appealability due-process equitable-tolling habeas-corpus ineffective-assistance-of-counsel jurisdictional-claim procedural-deadline statute-of-limitations
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether equitable tolling applies to § 2255 motion

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, for purposes of a certificate of appealability, it is debatable that reasonable jurists would find that equitable tolling applies to the Petitioner’s § 2255 motion, where an attorney he retained to file a motion expressly advised him that the one-year deadline did not apply because of a jurisdictional claim that the attorney intended to present in the § 2255 motion, which continued to mislead the Petitioner during the lengthy time period preceding the § 2255 motion he filed in the case below. i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-18
Waiver of right of respondent United States to respond filed.
2023-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Warren Vann
Barron Lindsey DerryberryFederal Public Defender, Petitioner
Barron Lindsey DerryberryFederal Public Defender, Petitioner