No. 22-6542
Warren Douglas Vann v. United States
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
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. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent
Warren Vann
Barron Lindsey Derryberry — Federal Public Defender, Petitioner
Barron Lindsey Derryberry — Federal Public Defender, Petitioner