No. 21-7967

Jairo Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2022-05-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction procedural-default retroactivity statutory-interpretation subject-matter-jurisdiction supreme-court-precedent unconstitutional-statute
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Can a defendant procedurally default a claim that the court lacked jurisdiction to imprison him under an unconstitutional statute?

Question Presented (from Petition)

QUESTION PRESENTED Can a defendant, by failing to directly appeal his sentence, procedurally default his claim that the court had no jurisdiction to imprison him pursuant to a statute that a subsequent decision of the Supreme Court held was unconstitutional? i

Docket Entries

2022-06-21
Petition DENIED.
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-05-27
Waiver of right of respondent United States to respond filed.
2022-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2022)

Attorneys

Jairo Hernandez
Walter K. Pyle — Petitioner
Walter K. Pyle — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent