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- OneWhoCares
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Re: Petition for Rehearing En Banc Filed
I think we should contact the clerk of court and let them not we are aware that the deadline was missed.
- byn63
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Re: Petition for Rehearing En Banc Filed
OneWhoCares wrote:
I think we should contact the clerk of court and let them not we are aware that the deadline was missed.
Do you have an email address we can use?
- OneWhoCares
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Re: Petition for Rehearing En Banc Filed
I think we should contact the clerk of court and let them not we are aware that the deadline was missed.
Do you have an email address we can use?
Here is a link with contact info and it has a email form
You will need to reference USCA4 Appeal: 15-7136 Doc: 57 Filed: 02/04/2019
- TexasPoet
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Re: Petition for Rehearing En Banc Filed
Not surprised about the Oetition for Rehearing or that it was filed late. Unfortunately, I believe Convict has had success with late filings before. I hope they slap this one down, as they should! If the Court accepts it, it should fail!
I'm not an attorney, but I was involved in a long and laborious civil case in the Federal Courts. A Petition for Rehearing is supposed to bring forth new evidence, facts, and/or law that would lead the Court to a different conclusion. Not accepting the Courts ruling and repeating previous claims is NOT ENOUGH to justify a rehearing, especially En Banc!
Just more of the same, silly nonsense! I do feel, based on the Fourth Circuit's recent ruling, that the Court(s) have finally had it with convict and his minions and want to be done with him! I truly hope so!
- OneWhoCares
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Re: Petition for Rehearing En Banc Filed
I emailed the clerk of court and was told they had 45 days because this is a civil case and the rule is 45 days for a civil case.
* Within 45 days of opinion filing date in civil cases in which the United States or an officer or agency thereof is a party
- TexasPoet
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Re: Petition for Rehearing En Banc Filed
I emailed the clerk of court and was told they had 45 days because this is a civil case and the rule is 45 days for a civil case.
* Within 45 days of opinion filing date in civil cases in which the United States or an officer or agency thereof is a party
This is NOT a civil case, it is a criminal case. a criminal conviction was appealed and the appeal was denied! I believe the clerk is in error!
- TexasPoet
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Re: Petition for Rehearing En Banc Filed
Rule 40. Petition for Panel Rehearing
(a) Time to File; Contents; Answer; Action by the Court if Granted.
(1) Time. Unless the time is shortened or extended by order or local rule, a petition for panel rehearing may be filed within 14 days after entry of judgment. But in a civil case, unless an order shortens or extends the time, the petition may be filed by any party within 45 days after entry of judgment if one of the parties is:
(A) the United States;
(B) a United States agency;
(C) a United States officer or employee sued in an official capacity; or
(D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf — including all instances in which the United States represents that person when the court of appeals' judgment is entered or files the petition for that person.
(2) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. Oral argument is not permitted.
(3) Answer. Unless the court requests, no answer to a petition for panel rehearing is permitted. But ordinarily rehearing will not be granted in the absence of such a request.
It was a criminal case and Convict's attorney had 14 days! They ran out of time!
- kma367
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Re: Petition for Rehearing En Banc Filed
Hi, all,
I took a closer look at the rules the other day and the petition was filed on time. Habeas is technically civil, not criminal, so they had 45 days. Also, the U.S. is a party, which would also give them 45 days, even though it wasn't the U.S. asking for the rehearing.
The arguments are still ridiculous and ignore the panel's detailed opinion which addresses every point they claim the panel missed.
ETA: If the petition was filed late, the Clerk's office would have rejected it, or the U.S. Attorney's office would've immediately filed a motion to strike.
Last edited by kma367 (2/15/2019 12:17 am)
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Thread Starter- byn63
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Re: Petition for Rehearing En Banc Filed
kma - inmate etal have a history of filing late and getting away with it. I don't understand how a criminal convict on another subsequent 2255 motion becomes a Civil action....just one more give inmate more chances is what it feels like.
How long until the courts have to accept or deny the petition?
- hedidit1970
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Re: Petition for Rehearing En Banc Filed
I have no evidence of this being the case here. But a lot of times the the attorney will file a skeleton or a notice before the deadline, then after that they file the actual brief and the brief looks late.
Sounds possible, but I have no idea of that happened here