No. 19-5154
James Wardell Quary v. N. C. English, Warden
Tags: 28-usc-2241 28-usc-2255 appellate-review circuit-precedent circuit-split detention-challenge erroneous-precedent federal-criminal-defendants federal-criminal-procedure federal-statute habeas-corpus post-conviction-relief
Key Terms:
HabeasCorpus JusticiabilityDoctri
HabeasCorpus JusticiabilityDoctri
Latest Conference:
2020-01-10
(distributed 2 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 arugments 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 erroneous circuit precedent
Docket Entries
2020-01-13
Petition DENIED.
2019-12-20
Reply of petitioner James Wardell Quary filed. (Distributed)
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Brief of respondent N. C. English, Warden in opposition filed.
2019-10-09
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2019.
2019-10-08
Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
2019-09-24
Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
2019-09-04
Response Requested. (Due October 4, 2019)
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-23
Waiver of right of respondent N. C. English, Warden to respond filed.
2019-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2019)
Attorneys
James Wardell Quary
Elisabeth Susan Theodore — Arnold & Porter Kaye Scholer LLP, Petitioner
James Wardell Quary — Petitioner
N. C. English, Warden
Noel J. Francisco — Solicitor General, Respondent