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Michael Jackson v. Don Hudson, Warden

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-3053 · judgment August 4, 2020

Certiorari denied · June 14, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below, and down for a state or local-government respondent.

Question presented

A person in federal custody may challenge the legality of his detention by filing a post-conviction motion under 28 U.S.C. § 2255. Second or successive motions under that statute are typically prohibited. However, Section 2255(e) includes a saving clause that allows a prisoner to petition for a writ of habeas corpus under 28 U.S.C. § 2241 if the Section 2255 remedy is “inadequate or ineffective to test the legality of his detention.” The question presented is: Whether Section 2255 is “inadequate or ineffective” when, at the time of petitioner’s initial Section 2255 motion, circuit precedent foreclosed a potential claim, but that precedent has since been overruled by this Court.

Counsel of record

For petitioner
Kevin K. Russell
Russell & Woofter LLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 14 2021
    Petition DENIED.
  2. May 25 2021
    DISTRIBUTED for Conference of 6/10/2021.
  3. May 24 2021
    Reply of petitioner Michael Jackson filed. (Distributed)
  4. May 10 2021
    Brief of respondent Hudson, Don in opposition filed.
  5. May 10 2021
    Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara in support of respondent filed.
  6. Mar 29 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2021.
  7. Mar 26 2021
    Motion to extend the time to file a response from April 9, 2021 to May 10, 2021, submitted to The Clerk.
  8. Mar 03 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2021.
  9. Mar 02 2021
    Motion to extend the time to file a response from March 10, 2021 to April 9, 2021, submitted to The Clerk.
  10. Feb 03 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2021.
  11. Feb 02 2021
    Motion to extend the time to file a response from February 8, 2021 to March 10, 2021, submitted to The Clerk.
  12. Dec 31 2020
    Petition for a writ of certiorari filed. (Response due February 8, 2021)