No. 22-5329

Chadrick Fulks v. T. J. Watson, Warden

Lower Court: Seventh Circuit
Docketed: 2022-08-10
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 28-U.S.C-2241 28-U.S.C-2255 collateral-review death-penalty eighth-amendment habeas-corpus intellectual-disability section-2241 section-2255
Key Terms:
AdministrativeLaw HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2023-06-29 (distributed 2 times)
Question Presented (AI Summary)

Is an intellectually disabled and death-sentenced prisoner entitled to review under 28-U.S.C-2241 because diligent counsel could not have raised this claim in any prior proceeding?

Question Presented (OCR Extract)

QUESTION PRESENTED As a general matter, a federal prisoner may only collaterally attack his conviction or sentence by filing a motion to vacate or set aside his conviction or sentence under 28 U.S.C. § 2255. Under § 2255(e)’s “savings clause,” however, a federal inmate may petition for a writ of habeas corpus under 28 U.S.C. § 2241 when a § 2255 motion is “inadequate or ineffective to test the legality of his detention.” The question presented is: Is an intellectually disabled and death-sentenced prisoner condemned to be executed in violation of the Eighth Amendment because he was found not to be intellectually disabled under the outdated diagnostic standards prevailing at the time of his trial and initial 28 U.S.C. § 2255 proceedings, or is he entitled to review under 28 U.S.C. § 2241 because diligent counsel could not have raised this claim in any prior proceeding? i LIST OF ALL

Docket Entries

2023-06-30
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition. See 28 U.S.C. §455(b)(3) and Code of Conduct for U.S. Judges, Canon 3C(1)(e) (prior government employment).
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-23
Reply of petitioner Chadrick Fulks filed.
2022-11-10
Brief of respondent United States in opposition filed.
2022-09-21
Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2022.
2022-09-20
Motion to extend the time to file a response from October 11, 2022 to November 10, 2022, submitted to The Clerk.
2022-08-31
Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022.
2022-08-30
Motion to extend the time to file a response from September 9, 2022 to October 11, 2022, submitted to The Clerk.
2022-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 9, 2022)
2022-06-07
Application (21A792) granted by Justice Barrett extending the time to file until August 8, 2022.
2022-05-26
Application (21A792) to extend the time to file a petition for a writ of certiorari from June 9, 2022 to August 8, 2022, submitted to Justice Barrett.

Attorneys

Chadrick Fulks
Peter Konrad WilliamsFederal Community Defender Office for the Eastern, Petitioner
Peter Konrad WilliamsFederal Community Defender Office for the Eastern, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent