No. 22-7543

Dwayne Mitchell Littlejohn v. United States

Lower Court: Fourth Circuit
Docketed: 2023-05-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: all-writs-act coram-nobis criminal-procedure custody due-process ineffective-assistance-counsel ineffective-assistance-of-counsel novelty-of-legal-interpretation sixth-amendment
Key Terms:
HabeasCorpus Patent
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether a defendant's reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes 'valid reasons' for not attacking the conviction earlier under the All Writs Act, 28 U.S.C. § 1651(a)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether a defendant’s reliance on erroneous advice from counsel, the Court of Appeals and novelty of a legal interpretation constitutes “valid reasons” for not attacking the conviction earlier under the All Writs Act, 28 U.S.C. § 1651(a).. 2. Is there an error committed by the Fourth Circuit in failing to conduct a Strickland v. Washington, 466 U.S. 668 (1984) analysis of Mr. Littlejohn’s ineffective ; assistance of counsel which often conflation of the Fifth Amendment right to due process with Sixth Amendment rights when analyzing assistance of counsel in deciding whether he failed establish a valid reason for the delay in filing a coram nobis petition and failure to address the novelty of the question as a basis for the delay? 3. Whether a petitioner who is "in custody" can utilize a coram nobis to challenge non-custodial aspects of a criminal judgment. 2

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Waiver of right of respondent United States to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2023)

Attorneys

Dwayne Littlejohn
Dwayne Mitchell Littlejohn — Petitioner
Dwayne Mitchell Littlejohn — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent