No. 20-911

Michael Jackson v. Don Hudson, Warden

Lower Court: Tenth Circuit
Docketed: 2021-01-08
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: 28-usc-2241 28-usc-2255 circuit-precedent federal-custody habeas-corpus inadequate-or-ineffective overruled post-conviction-motion saving-clause section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Whether Section 2255 is 'inadequate or ineffective' when, at the time of petitioner's initial Section 2255 motion, circuit precedent foreclosed a potential claim, but that precedent has since been overruled by this Court

Question Presented (OCR Extract)

QUESTION PRESENTED A person in federal custody may challenge the legality of his detention by filing a post-conviction motion under 28 U.S.C. § 2255. Second or successive motions under that statute are typically prohibited. However, Section 2255(e) includes a saving clause that allows a prisoner to petition for a writ of habeas corpus under 28 U.S.C. § 2241 if the Section 2255 remedy is “inadequate or ineffective to test the legality of his detention.” The question presented is: Whether Section 2255 is “inadequate or ineffective” when, at the time of petitioner’s initial Section 2255 motion, circuit precedent foreclosed a potential claim, but that precedent has since been overruled by this Court.

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-24
Reply of petitioner Michael Jackson filed. (Distributed)
2021-05-10
Brief of respondent Hudson, Don in opposition filed.
2021-05-10
Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of respondent filed.
2021-03-29
Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2021.
2021-03-26
Motion to extend the time to file a response from April 9, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-03
Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2021.
2021-03-02
Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2021.
2021-02-02
Motion to extend the time to file a response from February 8, 2021 to March 10, 2021, submitted to The Clerk.
2020-12-31
Petition for a writ of certiorari filed. (Response due February 8, 2021)

Attorneys

Hudson, Don
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Jonathan F. Mitchell and Adam K. Mortara
Eric Chunyee TungJones Day, Amicus
Eric Chunyee TungJones Day, Amicus
Michael Jackson
Kevin K. RussellGoldstein and Russell, P.C., Petitioner
Kevin K. RussellGoldstein and Russell, P.C., Petitioner