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Lorenzo Williams v. Steve Kallis, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2671 · judgment March 26, 2021


Certiorari denied · October 12, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This Petition seeks to resolve a circuit conflict. Persons convicted of a federal offense can file a petition to challenge their convictions pursuant to 28 U.S.C. § 2241, but only if relief under 28 U.S.C. § 2255 is “inadequate or ineffective.” Mr. Williams alleged in his § 2241 petition that this Court’s decision in Mathis v. United States, 136 S.Ct. 2243 (2016), was a change in the law that was not available to him when he had a right to file a § 2255 motion. Various circuit courts have held that a change in the law after the time to file a § 2255 motion makes that remedy “inadequate and ineffective.” But the courts have not agreed on whether that change in the law must be an act of Congress, a decision from this Court, or a decision of a circuit court. The questions for review here are:

  1. What type of change in the law allows a person to file a § 2241 petition? Does it have to be an act of Congress, a court decision declaring a new rule of constitutional law, or a court decision establishing a new rule of statutory construction?

  2. Was the decision in Mathis a change in the law regarding whether a prior state robbery conviction is a crime of violence?

Counsel of record

For petitioner
Wallace L. Taylor

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 22 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 14 2021
    Waiver of right of respondent Steve Kallis, Warden to respond filed.
  4. Aug 27 2021
    Petition for a writ of certiorari filed. (Response due September 30, 2021)