No. 19-52

Alfred J. Walker v. N. C. English, Warden

Lower Court: Tenth Circuit
Docketed: 2019-07-08
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: 28-usc-2241 28-usc-2255 circuit-precedent circuit-split erroneous-precedent federal-criminal-procedure federal-prisoner habeas-corpus post-conviction-relief section-2255 statutory-interpretation
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 in order to raise arguments that were foreclosed by binding (but erroneous) circuit precedent at the time of his direct appeal and original application for post-conviction relief under 28 U.S.C. § 2255, but which are meritorious in light of a subsequent decision overturning that erroneous precedent?

Question Presented (AI Summary)

May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 to challenge an unlawful conviction or sentence foreclosed by binding circuit precedent at the time of direct appeal and § 2255 motion, but meritorious after a subsequent decision overturning that precedent?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-10-23
Rescheduled.
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-10-15
Reply of petitioner Alfred Walker filed.
2019-09-27
Brief of respondent N. C. English, Warden in opposition filed.
2019-09-06
Motion to extend the time to file a response is granted and the time is further extended to and including October 4, 2019.
2019-09-05
Motion to extend the time to file a response from September 6, 2019 to October 4, 2019, submitted to The Clerk.
2019-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 6, 2019.
2019-07-31
Motion to extend the time to file a response from August 7, 2019 to September 6, 2019, submitted to The Clerk.
2019-07-08
Petition for a writ of certiorari filed. (Response due August 7, 2019)

Attorneys

Alfred Walker
Roman Martinez VLatham & Watkins, LLP, Petitioner
N. C. English, Warden
Noel J. FranciscoSolicitor General, Respondent