No. 18-292

Detric Lewis v. Nicole English, Warden

Lower Court: Tenth Circuit
Docketed: 2018-09-07
Status: Denied
Type: Paid
Relisted (5)
Tags: 28-usc-2241 28-usc-2255 circuit-precedent circuit-split erroneous-precedent federal-criminal-defendants federal-prisoner habeas-corpus judicial-review post-conviction-relief statutory-interpretation unlawful-detention
Latest Conference: 2019-03-15 (distributed 5 times)
Question Presented (from Petition)

May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 in order to raise arguments that were foreclosed by binding (but erroneous) circuit precedent at the time of his direct appeal and original application for post-conviction relief under 28 U.S.C. § 2255, but which are meritorious in light of a subsequent decision overturning that erroneous precedent?

Question Presented (AI Summary)

May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 to raise arguments foreclosed by binding but erroneous circuit precedent at the time of direct appeal and original § 2255 motion, but meritorious in light of a subsequent decision overturning that precedent?

Docket Entries

2019-03-18
Petition DENIED.
2019-03-11
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
DISTRIBUTED for Conference of 3/1/2019.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-02-01
Supplemental brief of petitioner Detric Lewis filed. (Distributed)
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2018-12-03
Rescheduled.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-19
Reply of petitioner Detric Lewis filed.
2018-11-07
Memorandum of respondent in opposition filed.
2018-10-04
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018.
2018-10-03
Motion to extend the time to file a response from October 9, 2018 to November 8, 2018, submitted to The Clerk.
2018-09-04
Petition for a writ of certiorari filed. (Response due October 9, 2018)

Attorneys

Detric Lewis
Roman MartinezLatham & Watkins, LLP, Petitioner
Nicole English, Warden
Noel J. FranciscoSolicitor General, Respondent