Jack Dowell v. Richard Hudgins, Warden
ERISA DueProcess HabeasCorpus
Where the district court dismissed Mr. Dowell's §§2241 and 2255(e) habeas petition claiming the savings clause does not apply to Mr. Dowell, in light of the Tenth Circuits precedence in Prost, which is in direct conflict with eight other circuit court of appeals decisions should this court exercise it supervisor power and resolve the conflict?
QUESTIONS PRESENTED FOR REVIEW Where the district court dismissed Mr. Dowell's §§2241 , and 2255(e) habeas petition claiming the savings clause does not apply to Mr. Dowell, in light of the Tenth Circuits precedence in Prost, which is in direct conflict with eight other circuit court of appeals decisions should this court exercise it supervisor power and resolve the conflict? Was Mr. Dowell denied due process where the jury instructions relieved the prosecution of its burden of proof in light of Marinello rendering his conviction unconstitutional and revealing that Mr. Dowell is actually innocent and does Marinello apply retroactively to cases on collateral review and did the court's below decision constitute a suspension of the great writ? Whether the district court's failure to comply with this Court's precedence in Bousely by denying Mr. Dowell habeas corpus petition without conducting an evidentiary hearing to afford Mr. Dowell an opportunity to prove he is actually innocent of Count Two constitutes a violation of due process?