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