Edward Winstead, et al. v. Anthony Johnson
FifthAmendment CriminalProcedure JusticiabilityDoctri
Whether the Seventh Circuit's holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck v. Humphrey, 512 U.S. 477 (1994), conflicts with Wallace v. Kato, 549 U.S. 384 (2007)
QUESTIONS PRESENTED 1. Whether the Seventh Circuit’s holding that accrual of self-incrimination claims based on statements used at a criminal trial is deferred under Heck v. Humphrey, 512 U.S. 477 (1994), conflicts with Wallace v. Kato, 549 U.S. 384 (2007), which holds that Heck does not apply to claims that accrue before conviction. 2. Whether, in any event, the Seventh Circuit, in conflict with Heck and several other circuits, erroneously held that all section 1983 claims based on constitutional violations occurring at a criminal trial that precedes a conviction necessarily imply the invalidity of that conviction and are therefore barred by Heck. 1