No. 18-7444

Chad Talada v. David V. Cole, Sheriff, Steuben County Jail

Lower Court: Second Circuit
Docketed: 2019-01-16
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 28-usc-2241 28-usc-2255 actual-innocence administrative-procedure binding-precedent collateral-review criminal-procedure district-court habeas-corpus inadequate-or-ineffective retroactivity saving-clause
Key Terms:
AdministrativeLaw SocialSecurity ERISA HabeasCorpus
Latest Conference: 2019-05-16 (distributed 2 times)
Question Presented (AI Summary)

Whether § 2255(e)'s saving clause permits a criminal defendant to pursue a claim of actual innocence in the district where he is detained when binding precedent in the district where the defendant was convicted precluded him from adequately or effectively challenging his conviction

Question Presented (from Petition)

question presented here is as follows: Whether § 2255(e)’s saving clause permits a criminal defendant to pursue a claim of actual innocence in the district where he is detained when binding precedent in the district where the defendant was convicted precluded him from adequately or effectively challenging his conviction. The second question is whether the Attorney General had good cause for not complying with the Administrative Procedures Act’s notice and comment requirements when he promulgated regulations making the criminal provisions of the Sexual Offender Registration and Notification Act retroactive to sex offenders whose qualifying sex offenses pre-dated the Act’s enactment. ii

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-29
Reply of petitioner Chad Talada filed. (Distributed)
2019-04-15
Brief of respondent UNITED STATES in opposition filed.
2019-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
2019-03-05
Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
2019-02-13
Response Requested. (Due March 15, 2019)
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Waiver of right of respondent United States to respond filed.
2019-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 15, 2019)

Attorneys

Chad Talada
Anne M. BurgerFederal Public Defender's Office-Western District, Petitioner
Anne M. BurgerFederal Public Defender's Office-Western District, Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent