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.
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)