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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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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?
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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?
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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
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Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 13 2021Petition DENIED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Oct 05 2021Petition for a writ of certiorari filed. (Response due November 8, 2021)