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RonRico Simmons, Jr. v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-1757 · judgment September 11, 2020
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Sixth Circuit decision below.
Question presented
To promote the finality of criminal judgments, the Antiterrorism and Effective Death Penalty Act (AEDPA) generally imposes a one-year limitations period on habeas petitions. Recognizing the fundamental importance of the habeas writ to our constitutional freedoms, however, AEDPA also provides several exceptions to that limit, including when a government impediment “in violation of the Constitution or laws of the United States” “prevent[s]” prisoners from timely filing their petitions. 28 U.S.C. § 2255(f)(2). AEDPA also provides that, when a court cannot decide a habeas motion on the pleadings, it must conduct an evidentiary hearing “[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” 28 U.S.C. § 2255(b). The question presented is: whether a court can summarily dismiss a pro se habeas petition as untimely for failure to adequately allege a causal connection when petitioner explains how a government impediment “prevented” him from filing timely, but does not allege with specificity how he discovered and attempted to remedy that impediment.
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage
Argument & decision
Decided November 1, 2021.
Proceedings
- Nov 01 2021Petition DENIED. Statement of Justice Sotomayor, with whom Justice Kagan joins, respecting the denial of certiorari. (Detached Opinion)
- Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 12 2021Rescheduled.
- Oct 05 2021Rescheduled.
- Sep 22 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 21 2021Reply of petitioner Simmons filed. (Distributed)
- Sep 08 2021Brief of respondent United States in opposition filed.
- Jul 22 2021Motion to extend the time to file a response is granted and the time is further extended to and including September 8, 2021.
- Jul 21 2021Motion to extend the time to file a response from August 9, 2021 to September 8, 2021, submitted to The Clerk.
- Jul 09 2021Brief amicus curiae of Rights Behind Bars filed.
- Jul 01 2021Motion to extend the time to file a response is granted and the time is extended to and including August 9, 2021.
- Jun 30 2021Motion to extend the time to file a response from July 9, 2021 to August 9, 2021, submitted to The Clerk.
- Jun 04 2021Petition for a writ of certiorari filed. (Response due July 9, 2021)