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Jermaine Andra Whitaker v. Timothy C. Ward, Commissioner, Georgia Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-14467 · judgment May 3, 2022


Certiorari denied · February 27, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In 2020, Whitaker was quarantined inside of his dorm for months denying him access to the prison law library to research Federal law and sample briefs to prepare for his Federal habeas petition due to the covid-19 pandemic outbreak at Wheeler Correctional Facility. There was no movement at this facility. Also in 2016, after the Georgia Court of Appeals affirmed the conviction, Whitaker's appellate attorney, Katherine Mason, failed to advise him that the AEDPA statute of limitations was triggered by the Georgia Court of appeals affirming his conviction, nor did she inform him that he could petition for a rehearing, file a petition to the next Highest court, the Georgia Supreme Court, for a discretionary review or to the United States Supreme Court, thereafter, for discretionary review. 1. Whether the 11th circuit Court erred in determining that the covid-19 pandemic, which led to the quarantine of the Wheeler Correctional Facility.

Counsel of record

For petitioner
Jermaine Andra Whitaker

For respondent
Stephen John Petrany
Georgia Department of Law

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 24 2023
    Rehearing DENIED.
  2. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  3. Mar 24 2023
  4. Feb 27 2023
    Petition DENIED.
  5. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  6. Feb 02 2023
    Waiver of right of respondent Ward, Commissioner, GA DOC to respond filed.
  7. Sep 08 2022
    Petition for a writ of certiorari filed. (Response due February 24, 2023)