No. 24-6191

David Godwin Frank v. United States

Lower Court: Tenth Circuit
Docketed: 2024-12-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review coram-nobis ineffective-assistance judicial-precedent procedural-delay writ-of-error
Key Terms:
HabeasCorpus
Latest Conference: 2025-03-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the Tenth Circuit's ruling denying a writ of error coram nobis based on delay and lack of diligence is irreconcilable with controlling precedent

Question Presented (OCR Extract)

Whether the Tenth Circuit ’s ruling, affirming the district court ’s decision denying Mr. Frank ’s petition for writ of error coram nobis on the ground that the delay in presenting his claim was not excused by his reasonable reliance on the misadvice of counsel arguably rising to the level of ineffective assistance, as argued in the lower court and instead constituted a lack of diligence, is irreconcilable with controlling precedent, and none of the alternative bases for affirmance were sufficient, such that this Court should remand to the United States Court of Appeals for the Tenth Circuit with instructions to reverse the denial of coram nobis relief?

Docket Entries

2025-03-24
Rehearing DENIED.
2025-02-26
DISTRIBUTED for Conference of 3/21/2025.
2025-02-13
Petition for Rehearing filed.
2025-01-27
Petition DENIED.
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2025-01-07
Waiver of United States of right to respond submitted.
2025-01-07
Waiver of right of respondent United States to respond filed.
2024-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2025)

Attorneys

David G. Frank
David Godwin Frank — Petitioner
David Godwin Frank — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent