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Amoneo Lee v. Shannon Meyer, Warden, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-3098 · judgment September 9, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 5% 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.

Questions presented

  1. Whether AEDPA’s one-year statute of limitations should be equitably tolled because the Petitioner is innocent of the non-capital Hard 40 sentence?

  2. Whether the rule announced in Alleyne v. United States, __ U.S. __, 133 S.Ct. 2151, 2162-63, 186 L.Ed.2d 314 (2013), announced a new substantive rule of constitutional law that must be applied retroactively to cases on collateral review?

  3. Whether the rule announced in Alleyne v. United States announced a watershed rule of criminal procedure that must be retroactively applied to cases on collateral review?

Counsel of record

For petitioner
David Lawrence Miller
The Law Office of David L Miller

For respondent
Kristafer Ross Ailslieger

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 16 2021
    Waiver of right of respondents Shannon Meyer, Warden, Lansing Correctional Facility, et al. to respond filed.
  4. Dec 08 2021
    Petition for a writ of certiorari filed. (Response due January 12, 2022)