| 24-5364 |
Jose Rojas-Meliton v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-08-22 |
Denied |
IFP |
attorney-abandonment fifth-circuit-review habeas-corpus jurisdictional-motion maples-v-thomas rule-60b-motion |
Did the Fifth Circuit abuse its discretion by misinterpreting a Rule 60(b) motion as a jurisdictional Rule 4(a) motion, and did the circuit court's de… |
| 23-6451 |
Travis Dwight Green v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-01-10 |
Denied |
IFP |
abandonment attorney-abandonment cause cause-doctrine circuit-split federal-rules-of-civil-procedure habeas-corpus maples-v-thomas mental-incompetence procedural-default standard-of-review |
Are a district court's findings on habeas abandonment subject to clear error review? |
| 23-6183 |
Steven Justin Villalona v. United States |
Eleventh Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
actual-innocence appellate-court attorney-abandonment civil-procedure constitutional-claim evidentiary-standard federal-review habeas-corpus mandate-recall material-omissions procedural-default standing |
Whether a claim of attorney abandonment of material omissions in the record may justify the granting of a motion to recall the mandate of an appellate… |
| 23-5617 |
Anthony Castillo Sanchez v. Christe Quick, Warden |
Tenth Circuit |
2023-09-20 |
Denied |
IFP |
abandoned-clients attorney-abandonment capital-punishment civil-procedure court-procedure dilatory-removal district-court habeas-corpus judicial-discretion procedural-delay stay-of-execution |
Whether a District Court can deny a stay of execution when it has been dilatory in removing attorneys who abandoned their clients until a month before… |
| 23A38 |
Joseph Gamboa v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-07-17 |
Presumed Complete |
|
AEDPA-statute-of-limitations attorney-abandonment capital-punishment habeas-corpus ineffective-assistance-of-counsel rule-60b-motion |
Whether a Rule 60(b) motion alleging abandonment by counsel can attack a defect in the integrity of habeas proceedings and excuse compliance with AEDP… |
| 22-6119 |
Jaques Fearence v. Brenda M. Cash, Warden |
Ninth Circuit |
2022-11-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion attorney-abandonment civil-procedure civil-rights constitutional-standard due-process federal-review habeas-corpus standing state-court-decision |
Whether the U.S. District Court abused its discretion by denying the Rule 60(b)(6) motion based on the unreasonable application of the constitutional … |
| 21-5275 |
Alan Gregory Ender v. United States |
Eleventh Circuit |
2021-08-04 |
Denied |
Response WaivedIFP |
appealability attorney-abandonment civil-procedure due-process extraordinary-circumstance extraordinary-circumstances notice-of-appeal rule-60-motion rule-60(b)(6) |
Did the Eleventh Circuit err when not considering attorney abandonment to be an extraordinary circumstance warranting relief from a final judgment pur… |
| 20-5527 |
Mark Benton v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. |
Third Circuit |
2020-08-27 |
Denied |
Response WaivedIFP |
28-usc-2254 aedpa attorney-abandonment capital-cases circuit-split equitable-tolling extraordinary-circumstances habeas-corpus |
When this Court issued Holland v. Florida, 130 S.ct. 2549 (2010), decision, was the intent to apply it to Capital cases only for purposes of Attorney … |
| 19-7540 |
Random Jackson v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
28-usc-2254 attorney-abandonment attorney-neglect confrontation-clause due-process equitable-tolling habeas-corpus holland-v-florida ineffective-assistance postconviction-proceedings reasonable-diligence state-postconviction |
Whether the Petitioner is entitled to equitable tolling |
| 18-1087 |
Javier Chavez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-02-21 |
Denied |
|
access-to-courts attorney-abandonment attorney-death certificate-of-appealability civil-procedure court-access due-process equitable-tolling filing-deadline legal-malpractice pro-se |
Should the Fifth Circuit have granted a Certificate of Appealability on equitable tolling when Petitioner's retained lawyer died and no one could find… |
| 18-6718 |
Timothy Edwards v. United States |
Seventh Circuit |
2018-11-15 |
Denied |
Response WaivedIFP |
attorney-abandonment due-process excusable-neglect pro-se pro-se-defendant rule-4(b) rule-4b sixth-amendment |
Whether the Appellate Court violated Mr. Edwards' Sixth Amendment due-process rights and Supreme Court precedent by strictly applying Rule 4(b) where … |