No. 24-5410

Joseph Miller v. Thomas Lillard

Lower Court: Seventh Circuit
Docketed: 2024-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa constitutional-rights ex-post-facto habeas-corpus legal-innocence statutory-interpretation
Key Terms:
AdministrativeLaw ERISA DueProcess HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Supreme Court's decision in Jones v. Hendrix can be applied retroactively, undermining habeas corpus review and potentially violating constitutional protections

Question Presented (OCR Extract)

QUESTIONS FOR REVIEW . Whether the decision in Jones v Hendrix, 143 S. Ct. 1857 (2023) ‘ can be applied retroactively "rescinding habeas Corpus review of , : Statutory Interpretation Claims" (that involve Statutory or Legal i ' Innocence Claims), undermine Congress's intent of the Savings Clause “ and "violate the Ex Post Facto Clause of the Constitution" Article 1, . Section 9 and 10 by divesting a prisoner of the right to challenge L. unlawful detention based on a Legal or Statutory Innocence Claim ? : (W]hen Congress Amended 28 U.S.C. 2255 by enacting AEDPA in 1996, a and limiting Second or Successive Petitions to only two (2) specific categories. “Whether Congress ["through the enactment of AEDPA"] “ caused 28 U.S.C. 2255 to become "incommensurate" (un-equal) to the ee : Traditional Habeas Corpus that it was crafted to replace, and be : . "identical to in Scope", "by limiting the claims that can be raised in a Second or Successive Petition", and by doing so "inadvertantly violated the Ex Post Facto Clause of the Constitution by restricting and inhibiting a right that was cognizable before enactment of AEDPA ?™ or "Was the Savings Clause left in place to preserve rights of , cognizable in habeas-and thereby cognizable in 28 U.S.C. 2255 ? aa Whether Due Process is violated when "Federal Court" imposes oe Criminal Punishment or Penalty pursuant to a Substance that the a _ Federal Statutes, and CSA (Controlled Substance Act) fail to regulate or prohibit, and fail to provide fair notice of its illegality —— '. under Federal Law ? ne

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of United States of right to respond submitted.
2024-09-05
Waiver of right of respondent United States to respond filed.
2024-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2024)
2024-07-23
Application (24A77) granted by Justice Barrett extending the time to file until August 20, 2024.
2024-07-02
Application (24A77) to extend the time to file a petition for a writ of certiorari from July 28, 2024 to August 20, 2024, submitted to Justice Barrett.

Attorneys

Joseph Miller
Joseph Miller — Petitioner
Joseph Miller — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent