No. 23-5864

Alfred Starling v. Charles Mims, Warden

Lower Court: Eleventh Circuit
Docketed: 2023-10-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: actual-innocence aedpa aedpa-statute constitutional-violations equitable-tolling gateway-claim habeas-corpus statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2024-03-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower courts erred in holding that reasonable jurists would not debate whether Petitioner's First Federal Habeas Corpus petition was untimely, applying AEDPA Statute of Limitations, with an Actual Innocence gateway claim presented?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the lower courts erred in holding that reasonable jurists would not debate whether Petitioner's First Federal Habeas Corpus petition was untimely, applying AEDPA Statute of Limitations, with an Actual Innocence gateway claim presented? 2. Whether the lower courts applied the wrong standard of review, holding that reasonable jurists would not debate whether the miscarriage of justice exception applies to Petitioner's case when he raised a gateway actual innocence claim due to . insufficient evidence, and the admission of inadmissible evidence to which denied him a fair trial? 3. Whether the lower courts erred in holding that reasonable jurists would not debate whether the Petitioner was entitled to equitable tolling when he raised an actual innocence gateway claim supported with constitutional violations? ii

Docket Entries

2024-03-18
Rehearing DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-01-31
Petition for Rehearing filed.
2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2023)

Attorneys

Alfred Starling
Alfred Starling — Petitioner