Jones v. Hendrix, 143 S.Ct. 1857, 599 U.S. __ (June 22, 2023); Scotusblog page (containing links to briefs and commentary) The Court, in a 6-3 opinion authored by Justice Thomas, holds that the savings clause in 28 U.S.C. 2255(e) bars a prisoner from using an intervening change in the interpretation of a federal criminal statute to… Read more
5. Successive petitions
Jones v. Hendrix, USSC No. 21-857; cert. granted 5/16/22; Scotusblog page (containing links to briefs and commentary) Question presented: The question presented is whether federal inmates who did not—because established circuit precedent stood firmly against them—challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas… Read more
Banister v. Davis, USSC No. 18-6943, certiorari granted 6/24/19 Question presented: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005). Decision below: Banister v. Davis, unpublished order dismissing appeal (5th Cir. May 8, 2018) USSC Docket… Read more
McKinley Kelly v. Richard Brown, 7th Circuit Court of Appeals No. 17-1244, 3/16/17 Two judges on the Seventh Circuit apparently think so, based on their rejection of Kelly’s motion to file a second federal habeas petition so he can challenge his sentence under Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life sentence for juvenile… Read more
Cesar Flores-Ramirez v. Brian Foster, 7th Circuit Court of Appeals Case No. 15-1594, 1/22/16 (per curiam) Flores-Ramirez is not entitled to a certificate of appealability in his challenge to the denial of his second federal habeas petition because two of his claims should have been brought in his first petition and the third claim doesn’t… Read more
Benjamin Barry Kramer v. United States, 7th Circuit Court of Appeals No. 14-3049, 8/17/15 Sticking with its decision in Suggs v. United States, 705 F.3d 279 (7th Cir. 2013), the Seventh Circuit holds that Kramer’s most recent habeas petition challenging a conviction that was not affected by his three previous petitions is a second or… Read more
Benjamin Price v. United States, 7th Circuit Court of Appeals No. 15-2427, 8/4/15 Price seeks to bring a successive collateral attack under 28 U.S.C. § 2244(b)(3) to the enhancement of his sentence under the Armed Career Criminal Act. He claims that Johnson v. United States, 135 S. Ct. 2551 (2015), which held that the imposition of an enhanced sentence under the residual… Read more
seventh circuit court of appeals decision Habeas – Successive Petition – Rule 60(b) Motion A Rule 60 motion for relief from (habeas) judgment amounts to an impermissible successive petition – which the district court lacks jurisdiction to entertain – if it raises arguments forbidden by 28 U.S.C. § 2244(b)(1) or (2), Gonzales v. Crosby, 545 U.S… Read more
