No. 22-716

Alexander Dockery v. William Lee, Superintendent, Eastern Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-02-01
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split constitutional-challenge custody-requirement federal-habeas habeas-corpus no-fault-of-petitioner prior-conviction sentence-enhancement
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2023-03-24
Question Presented (AI Summary)

Is the federal habeas custody requirement met where a petitioner makes a constitutional challenge to a previously unchallenged conviction that was used to enhance the sentence the petitioner is currently serving if the failure to challenge the earlier conviction was through no fault of the petitioner?

Question Presented (from Petition)

QUESTION PRESENTED Is the federal habeas custody requirement met where a petitioner makes a constitutional challenge to a previously unchallenged conviction that was used to enhance the sentence the petitioner is currently serving if the failure to challenge the earlier conviction was through no fault of the petitioner?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-03-02
Waiver of right of respondent William Lee to respond filed.
2023-01-30
Petition for a writ of certiorari filed. (Response due March 3, 2023)

Attorneys

Alexander Dockery
Sharon KatzDavis Polk & Wardwell, Petitioner
Sharon KatzDavis Polk & Wardwell, Petitioner
William Lee
Steven Chiajon WuNew York County District Attorney's Office, Respondent
Steven Chiajon WuNew York County District Attorney's Office, Respondent