No. 18-6534

John Taylor Tyler v. Eric Wilson, Warden

Lower Court: Fourth Circuit
Docketed: 2018-11-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 anti-terrorism-act anti-terrorism-and-effective-death-penalty-act factual-innocence federal-habeas habeas-corpus savings-clause statute-of-limitations
Key Terms:
Takings DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

When a prisoner has made a substantial showing of factual innocence, does a district court err when it holds that the broad jurisdiction of 28 U.S.C. § 2241 does not grant it the authority to review the merits of the case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When a prisoner has made a substantial showing of factual innocence -, as in this case where the firearms Petitioner purportedly possessed in the furtherance of a drug trafficking crime had been previously seized , and were in the custody of local law enforcement authorities at the time the government alleges Petitioner committed the act -does a district court err when it holds that the broad jurisdiction of 28 U.S.C. § 2241 does not grant it the authority to review the merits of the case? : 2. Is a motion under 28 U.S.C. § 2255 inadequate or ineffective to test the legality of a prisoner's conviction or sentence when a lay prisoner -a construction worker by trade -eventually obtains evidence demonstrating his factual innocence but not in time to meet the strict AntiTerrorism and Effective Death Penalty Act's statute of limitation in . § 2255(f), in such a way that it permits such a prisoner to file for habeas relief through §§ 2255(e) and 2241 under the savings clause? i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-11-07
Waiver of right of respondent Eric Wilson, Warden to respond filed.
2018-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2018)

Attorneys

Eric Wilson, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
John Taylor Tyler
John Taylor Tyler — Petitioner
John Taylor Tyler — Petitioner