No. 21-872

Amoneo Lee v. Shannon Meyer, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2021-12-13
Status: Denied
Type: Paid
Response Waived
Tags: aedpa-tolling alleyne-rule collateral-review criminal-procedure due-process habeas-corpus innocence retroactivity sentencing statute-of-limitations substantive-law
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2022-01-07
Question Presented (AI Summary)

whether-aedpa's-one-year-statute-of-limitations-should-be-equitably-tolled

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether AEDPA’s one-year statute of limitations should be equitably tolled because the Petitioner is innocent of the non-capital Hard 40 sentence? 2. Whether the rule announced in Alleyne v. United States, __ U.S. __, 1383 S.Ct. 2151, 2162-63, 186 L.Ed.2d 314 (2013), announced a new substantive rule of constitutional law that must be applied retroactively to cases on collateral review? 3. Whether the rule announced in Alleyne v. United States announced a watershed rule of criminal procedure that must be retroactively applied to cases on collateral review?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-16
Waiver of right of respondents Shannon Meyer, Warden, Lansing Correctional Facility, et al. to respond filed.
2021-12-08
Petition for a writ of certiorari filed. (Response due January 12, 2022)

Attorneys

Amoneo Lee
David Lawrence MillerThe Law Office of David L Miller, Petitioner
Shannon Meyer, Warden, Lansing Correctional Facility, et al.
Kristafer Ross Ailslieger — Respondent