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Marcus Deangelo Jones v. Dewayne Hendrix, Warden
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-1286 · judgment August 6, 2021
Before the decision, about 3.1× 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 an Eighth Circuit decision below, and down for a state or local-government respondent.
Question presented
Under 28 U.S.C. § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. § 2255(h). 28 U.S.C. § 2255(e), however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. § 2241 whenever it "appears that the remedy by [§ 2255] motion is inadequate or ineffective to test the legality of [their] detention." The question presented is whether federal inmates who did not-because established circuit precedent stood firmly against them-challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under § 2241 after this Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction. ORDER OF JUNE 28, 2022: MORGAN L. RATNER, ESQUIRE OF WASHINGTON, D.C., IS INVITED TO BRIEF AND ARGUE THIS CASE AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.
Counsel of record
For petitioner
Daniel Roy Ortiz
University of Virginia School of Law
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 merits
(3 supporting pet./neither, 1 respondent)
Argument & decision
Argued November 1, 2022 — Daniel R. Ortiz · Eric J. Feigin · Morgan L. Ratner. Audio and transcript
Decided June 22, 2023. Opinion by Thomas.
Proceedings
- Jul 24 2023Judgment issued.
- Jun 28 2023Record returned to the U.S.C.A. 8th Circuit (1 envelope).
- Jun 22 2023Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor and Kagan, JJ., filed a dissenting opinion. Jackson, J., filed a dissenting opinion.
- Jan 04 2023Record received from the U.S.C.A. 8th Circuit (1 envelope).
- Nov 01 2022Argued. For petitioner: Daniel R. Ortiz, Charlottesville, Va. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Morgan L. Ratner, Washington, D. C.
- Oct 12 2022Reply of respondent Dewayne Hendrix, Warden to brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
- Oct 12 2022Reply of petitioner Marcus DeAngelo Jones filed. (Distributed)
- Oct 11 2022Motion for divided argument filed by the Solicitor General GRANTED.
- Sep 19 2022Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
- Sep 15 2022Motion for divided argument filed by the Solicitor General.
- Sep 12 2022Record requested from the U.S.C.A. 8th Circuit.
- Sep 12 2022Brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
- Aug 31 2022CIRCULATED
- Aug 08 2022Brief of respondent Dewayne Hendrix, Warden supporting affirmance filed.
- Aug 03 2022ARGUMENT SET FOR Tuesday, November 1, 2022.
- Jul 21 2022Brief amici curiae of Habeas Scholars filed.
- Jul 21 2022Brief amicus curiae of National Association of Federal Defenders filed.
- Jul 21 2022Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
- Jul 14 2022Brief of petitioner Marcus DeAngelo Jones filed.
- Jul 14 2022Joint appendix filed (statement of cost filed.)
- Jun 28 2022Morgan L. Ratner, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
- Jun 21 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 14, 2022. The time to file respondent's brief on the merits is extended to and including September 12, 2022.
- Jun 17 2022Letter of the Solicitor General notifying the Court that government will defend the judgment but not the rationale of the court of appeals' decision. (Distributed)
- Jun 03 2022Blanket Consent filed by Petitioner, Marcus DeAngelo Jones
- Jun 02 2022Motion for an extension of time to file the briefs on the merits filed.
- May 16 2022Petition GRANTED.
- May 09 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 12 2022Reply of petitioner Marcus DeAngelo Jones filed. (Distributed)
- Mar 30 2022Brief of respondent Dewayne Hendrix, Warden in opposition filed.
- Feb 18 2022Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2022.
- Feb 17 2022Motion to extend the time to file a response from February 28, 2022 to March 30, 2022, submitted to The Clerk.
- Feb 02 2022Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
- Feb 01 2022Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
- Dec 29 2021Response Requested. (Due January 28, 2022)
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 17 2021Waiver of right of respondent Dewayne Hendrix, Warden to respond filed.
- Dec 07 2021Petition for a writ of certiorari filed. (Response due January 10, 2022)
- Oct 29 2021Application (21A117) granted by Justice Kavanaugh extending the time to file until December 9, 2021.
- Oct 22 2021Application (21A117) to extend the time to file a petition for a writ of certiorari from November 4, 2021 to December 9, 2021, submitted to Justice Kavanaugh.