No. 22-485

Kenneth Charles McNeil v. United States

Lower Court: Ninth Circuit
Docketed: 2022-11-22
Status: Denied
Type: Paid
Response Waived
Tags: all-writs-act coram-nobis courts-of-equity criminal-judgment criminal-procedure equity evidentiary-hearing federal-courts habeas-corpus statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether federal courts of equity had jurisdiction to correct criminal judgments after completion of the sentence, and, if so, whether federal courts violate the All-Writs Act in coram nobis proceedings by relying upon 28 U.S.C. § 2255 evidentiary hearing procedures instead of the courts of equity hearing procedures

Question Presented (OCR Extract)

Question Presented for Review The All-Writs Act provides federal courts the au. thority to issue writs in aid of their jurisdiction, “when . no other remedy will suffice." DiBella v. United States, 369 U.S. 121, 125 n.4 (1962). The writ of error coram nobis is the only remedy available to former federal prisoners who seek correction of a conviction after completion of the sentence. Coram nobis “is an equita, : ble means to obtain relief from a judgment.” United ; States v. Denedo, 904, 913 (2009). Federal courts of equity decided equitable claims until 1938, when Congress merged law and equity into a single civil juris; diction. If courts of equity were authorized to provide equitable relief to former prisoners, Congress provided no expressed intent to repeal this authority when it promulgated the civil rules. And this Court has long held that repeals by implication are not fa; vored. The question presented is: Whether federal courts of equity had jurisdiction to correct criminal judgments after completion of the sentence, and, if so, whether federal courts violate the All-Writs Act in coram nobis proceedings by relying upon 28 U.S.C. § 2255 evidentiary hearing procedures instead of the courts of equity hearing procedures. | os | a ii

Docket Entries

2023-01-09
Petition DENIED.
2022-12-07
DISTRIBUTED for Conference of 1/6/2023.
2022-12-05
Waiver of right of respondent United States to respond filed.
2022-11-18
Petition for a writ of certiorari filed. (Response due December 22, 2022)

Attorneys

Kenneth C. McNeil
Kenneth C. McNeil Jr. — Petitioner
Kenneth C. McNeil Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent