No. 20-5762

Will Robertson Brown v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-23
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: constitutional-review due-process federal-jurisdiction habeas-corpus judicial-precedent petition-standard retroactivity section-2255 successive-petitions unconstitutional-law
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2021-01-22
Question Presented (AI Summary)

Whether a petitioner must show it is 'more likely than not' that a district court's prior ruling relied on a provision of law later deemed unconstitutional to establish jurisdiction over a second or successive § 2255 petition

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW At issue is whether, when a petitioner files a second or successive § 2255 petition, jurisdiction over the § 2255 issue hinges on a showing it is “more likely than not” that a district court’s prior ruling relied a provision of law that was later deemed unconstitutional. i

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-23
Memorandum of respondent United States in opposition filed.
2020-11-24
Motion to extend the time to file a response is granted and the time is further extended to and including December 23, 2020.
2020-11-23
Motion to extend the time to file a response from November 23, 2020 to December 23, 2020, submitted to The Clerk.
2020-10-15
Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2020.
2020-10-14
Motion to extend the time to file a response from October 23, 2020 to November 23, 2020, submitted to The Clerk.
2020-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2020)

Attorneys

United States
Jeffrey B. WallActing Solicitor General, Respondent
Will Robertson Brown
Michael Scott — Petitioner