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