No. 21-527

Jeffery Mitchell v. Leonta Jackson, Warden

Lower Court: Seventh Circuit
Docketed: 2021-10-08
Status: Denied
Type: Paid
Tags: aedpa buck-v-davis certificate-of-appealability constitutional-challenge habeas-corpus slack-v-mcdaniel statute-of-limitations void-ab-initio void-statute
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether the Supreme Court has abandoned its precedent in Norton v. Shelby County regarding the void ab initio doctrine

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW ; _'1) Has the Supreme Court of the United States uo ‘° Abandoned its own precedent in Norton v. Shelby County, 118 US. 425, 6 8.Ct. 1121, 30 L.Ed. 178 (1886), where this court formulated the void ab initio doctrine? 2) If the first question is in the negative, then, | whether in light of Norton; ex parte Siebold, 100 | USS. 371 (1879); and Montgomery v. Louisiana, 136 S.Ct. 718 (2016), can a claim of illegal conviction based on alleged facially unconstitutional (void) statute, if well taken, overcome Antiterrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations pursuant to 28 U.S.C. § 2244(d)(1) for filing habeas corpus petitions? 8) Did the Seventh Circuit of the United States Court of Appeals err by denying Petitioner a Certificate of Appealability (COA) from the denial of his Rule 60(b) Motion, contrary to Buck v. Davis, 137 S.Ct. 759 (2017); and Slack v. McDaniel, 529 U.S. 473 | (2000)? | ii LIST OF ALL PROCEEDINGS IN STATE AND FEDERAL TRIAL AND APPELLATE COURTS Proceedings in State Courts: Arraignment — Circuit Court of Cook County, Ilinois, Criminal Division. People of the State of Illinois v. Jeffery Mitchell, Case No. 08-CR-2316801. Judgment of Conviction, entered on January 9, 2012. Collateral Review — Circuit Court of Cook County, IIlinois, Criminal Division. People of the State of Illinois v. Jeffery Mitchell, Case No. 08-CR-16801. Order of dismissal of Petition for Relief from Judgment, entered on June 14, 2016. Collateral Review — Circuit Court of Cook County, IIlinois, Criminal Division. People of the State of Illinois v. Jeffery Mitchell, Case No. 08-CR-16801. Order of denial of Second Amendment to Petition for Relief from Judgment entered on September 16, 2016. Appellate Review — Illinois Appellate Court, First Judicial District, First Division. People of the State of IIlinois v. Jeffery Mitchell, Appellate Case Nos. 1-162677 and 1-16-2677 (consolidated). Summary Order affirming Circuit Court’s Judgment entered on November 19, 2018. Discretionary Appellate Review — Illinois Supreme Court. People of the State of Illinois v. Jeffery Mitchell, Case No. 125306. Summary Order denying Petition for Leave to Appeal, entered on November 26, 2019. ‘ @ @ ili LIST OF ALL PROCEEDINGS IN STATE AND FEDERAL TRIAL AND APPELLATE COURTS — Continued Proceedings in Federal Courts: Collateral Review — United States District Court, Northern District of IHinois, Eastern Division. Jeffery Mitchell v. Alex Jones, Case No. 20-CV-1563. Dismissal Order dismissing 28 U.S.C. § 2254 action for untimeliness, entered on June 22, 2020. Appellate Review — United States Court of Appeals for the Seventh Circuit. Jeffery Mitchell v. Leonta Jackson, Case No. 20-2649. Order denying application for a Certificate of Appealability (COA), entered on December 8, 2020. Collateral Review — United States District Court, Northern District of Illinois, Eastern Division. Jeffery Mitchell v. Leonta Jackson, Case No. 20-CV-1563. Order denying Rule 60(b) Motion for relief from Judgment as untimely, entered on December 24, 2020. Appellate Review — United States Court of Appeals for the Seventh Circuit. Jeffery Mitchell v. Leonta Jackson, Case No. 21-1118. Order denying application for a Certificate of Appealability (COA), entered on April 9, 2021. Appellate Review — United States Court of Appeals for the Seventh Circuit. Jeffery Mitchell v. Leonta Jackson, Case No. 21-1118. Order denying Petition for Rehearing with Suggestion of Rehearing En Banc, entered on May 24, 2021. |

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-10-05
Petition for a writ of certiorari filed. (Response due November 8, 2021)

Attorneys

Jeffery Mitchell
Jeffery Mitchell — Petitioner
Jeffery Mitchell — Petitioner