No. 22-694

Jermaine Andra Whitaker v. Timothy C. Ward, Commissioner, Georgia Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-01-25
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights covid-19 covid-19-restrictions due-process equitable-tolling habeas-corpus ineffective-assistance prison-access prison-law-library statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the 11th circuit Court erred in determining that the covid-19 pandemic, which led to the quarantine of the Wheeler Correctional Facility for months and providing no access to the prison Law Library to prepare for filing a federal habeas petition, was not an extraordinary circumstance for Equitable Tolling?

Question Presented (OCR Extract)

QUESTIONS PRESENTED In 2020, Whitaker was quarantined inside of his dorm for ‘ months denying him access to the prison law library to research Federal law and sample briefs to prepare for his Federal habeas petition due to the covid-19 pandemic outbreak at Wheeler Correctional Facility. There was no movement at this facility. Also in 2016, after the Georgia Court of Appeals affirmed the conviction, Whitaker's appellate attorney, Katherine Mason, failed to advise him that the AEDPA statute of limitations was triggered by the Georgia Court of appeals affirming his conviction, nor did she inform him that he could petition for a rehearing, file a petition to the next Highest court, the Georgia Supreme Court, for a discretionary review or to the United States Supreme Court, thereafter, for discretionary review. 1. Whether the 11th circuit Court erred in determining that the covid-19 pandemic, which led to the quarantine of the Wheeler Correctional Facility. QUESTIONS PRESENTED—Continued ‘ for months and providing no access to the prison Law Library to prepare for filing a federal habeas petition, was not an extraordinary circumstance for Equitable Tolling? 2. Whether the misconduct by the appellate attorney Katherine Mason of not advising Whitaker of his collateral options qualify as circumstance warranting equitable tolling?

Docket Entries

2023-04-24
Rehearing DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-24
2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2023-02-02
Waiver of right of respondent Ward, Commissioner, GA DOC to respond filed.
2022-09-08
Petition for a writ of certiorari filed. (Response due February 24, 2023)

Attorneys

Jermaine Andra Whitaker
Jermaine Andra Whitaker — Petitioner
Jermaine Andra Whitaker — Petitioner
Ward, Commissioner, GA DOC
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent