No. 22-7041

Deandre Markee King v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-03-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: actual-innocence collateral-attack-waiver constitutional-rule criminal-law criminal-procedure habeas-corpus plea-bargaining retroactivity
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether actual innocence requires a court to bypass a collateral-attack waiver

Question Presented (OCR Extract)

QUESTION PRESENTED The vast majority of federal criminal cases end in a guilty plea. And in many of those pleas, the defendant promises not to file a future 28 U.S.C. § 2255 motion to vacate his sentence. But what if the law later changes through a new substantive rule of constitutional law, like the rule in United States v. Davis, 139 8. Ct. 2319 (2019)? In this setting, a defendant stands convicted and sentenced for an act that is no longer a crime. He is actually innocent. When a petitioner demonstrates through a retroactive constitutional rule that he is actually innocent, must an otherwise valid collateral-attack waiver foreclose habeas relief in spite of that innocence?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-22
Waiver of right of respondent United States to respond filed.
2023-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 19, 2023)
2023-02-01
Application (22A690) granted by Justice Thomas extending the time to file until March 15, 2023.
2023-01-30
Application (22A690) to extend the time to file a petition for a writ of certiorari from February 13, 2023 to April 14, 2023, submitted to Justice Thomas.

Attorneys

Deandre Markee King
Whitman Matthew DodgeFederal Defender Program Inc., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent