No. 21-7719

Gary Wall v. Jeffrey Kiser, Warden

Lower Court: Fourth Circuit
Docketed: 2022-04-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights constitutional-procedure due-process executive-detention habeas-corpus judicial-review procedural-rules retroactivity teague-nonretroactivity teague-v-lane
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-06-09
Question Presented (AI Summary)

Does the Fourth Circuit's holding that new procedural rules cannot apply to any federal habeas proceeding, even where federal habeas is a petitioner's first and only opportunity for judicial review, conflict with this Court's precedents?

Question Presented (OCR Extract)

QUESTION PRESENTED Under Teague v. Lane, “new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.” 489 U.S. 288, 310 (1989). Below, the United States Court of Appeals for the Fourth Circuit announced that it would extend Teague’s nonretroactivity principle to procedures resulting in extrajudicial that no court has ever examined, let alone endorsed. No other circuit court has reached this extreme conclusion. With good reason. The Fourth Circuit’s decision is contrary to both Teague and this Court’s consistent recognition that extrajudicial detentions are different from detentions resulting from final criminal judgments and are subject to different rules. The question presented is: Does the Fourth Circuit’s holding that new procedural rules cannot apply to any federal habeas proceeding, even where federal habeas is a petitioner’s first and only opportunity for judicial review, conflict with this Court’s precedents? i

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-23
Waiver of right of respondent Jeffrey Kiser to respond filed.
2022-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2022)

Attorneys

Gary Wall
Erica Joan HashimotoGeorgetown University Law Center, Petitioner
Erica Joan HashimotoGeorgetown University Law Center, Petitioner
Jeffrey Kiser
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Andrew Nathan FergusonOffice of the Attorney General, Respondent