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Jeffery Mitchell v. Leonta Jackson, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-1118 · judgment April 9, 2021


Certiorari denied · December 13, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Has the Supreme Court of the United States Abandoned its own precedent in Norton v. Shelby County, 118 U.S. 425, 6 S.Ct. 1121, 30 L.Ed. 178 (1886), where this court formulated the void ab in­ itio doctrine?

  2. If the first question is in the negative, then, whether in light of Norton; ex parte Siebold, 100 U.S. 371 (1879); and Montgomery v. Louisiana, 136 S.Ct. 718 (2016), can a claim of illegal conviction based on alleged facially unconstitutional (void) statute, if well taken, overcome Antiterrorism and Effective Death Penalty Act’s (AEDPA) one-year statute of limitations pursuant to 28 U.S.C. § 2244(d)(1) for filing habeas corpus petitions?

  3. Did the Seventh Circuit of the United States Court of Appeals err by denying Petitioner a Certificate of Appealability (COA) from the denial of his Rule 60(b) Motion, contrary to Buck v. Davis, 137 S.Ct. 759 (2017); and Slack v. McDaniel, 529 U.S. 473 (2000)?

Counsel of record

For petitioner
Jeffery Mitchell

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Oct 05 2021
    Petition for a writ of certiorari filed. (Response due November 8, 2021)