No. 19-7386

Jack Dowell v. Richard Hudgins, Warden

Lower Court: Tenth Circuit
Docketed: 2020-01-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence burden-of-proof circuit-split due-process habeas-corpus jury-instructions retroactivity savings-clause suspension-of-writ
Key Terms:
ERISA DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2020-02-24
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-31
Waiver of right of respondent Richard Hudgins, Warden to respond filed.
2020-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)

Attorneys

Jack Dowell
Jack A. Dowell — Petitioner
Jack A. Dowell — Petitioner
Richard Hudgins, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent