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Neville McGarity v. Dan Sproul, Warden
IFP petition · United States Court of Appeals for the Seventh Circuit, No. 22-1269 · judgment January 15, 2025
Questions presented
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Does Jones v Hendrix, 599 U.S. 465 (2023), a recent Supreme Court holding which only addresses "[] a prisoner asserting an intervening change in interpretation of a criminal statute to circumvent the [AEDPA]" by filing a § 2241, overturn Bousley v United States, 523 U.S. 614 (1998), a case addressing a claim of "actual innocence" in a § 2241, where the Supreme Court found it appropriate to remand back to the District Court, permitting him to "make a showing of actual innocence"?
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Does the holding in Jones v Hendrix, 599 U.S. 465 (2023) render .§ 2241(c)(3) invalid?
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Was the Seventh Circuit Court of Appeals wrong by not recognizing a claim of "actual innocence", a claim separate and distinct from a claim of "legal innocence", as an exception under Bousley v United States?
Counsel of record
For petitioner
Neville McGarity
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Orders
Order list, June 2, 2025 · Certiorari denied
Order list, January 12, 2026 · Rehearing denied
Proceedings
- Jan 12 2026Rehearing DENIED.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Jun 12 2025Petition for Rehearing filed.
- Jun 02 2025Petition DENIED.
- May 14 2025DISTRIBUTED for Conference of 5/29/2025.
- May 07 2025Waiver of right of respondent Dan Sproul, Warden to respond filed.
- Mar 26 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 21, 2025)