No. 23-5994
James Jordan McClain v. Tammy Campbell, Warden
Response WaivedIFP
Tags: brady-violation equitable-tolling first-degree-murder habeas-corpus ineffective-assistance prosecutorial-misconduct second-degree-murder self-defense voluntary-manslaughter
Latest Conference:
2024-01-05
Question Presented (from Petition)
1. In assessing whether extraordinary circumstances stood in a petitioner's path for equitable-tolling purposes, do those circumstances need to make earlier filing "impossible"?
2. Did the Ninth Circuit reversibly err by ignoring McClain's clearest argument for prejudice?
Question Presented (AI Summary)
Whether the Ninth Circuit erred in holding that extraordinary circumstances for equitable tolling must make earlier filing 'impossible'
Docket Entries
2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-11-28
Waiver of right of respondent Tammy Campbell to respond filed.
2023-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2023)
Attorneys
James Jordan McClain
Dale Francis Ogden Jr. — Federal Public Defender, Petitioner
Tammy Campbell
Vincent Paul LaPietra — Respondent