No. 21-316

Lorenzo Williams v. Steve Kallis, Warden

Lower Court: Seventh Circuit
Docketed: 2021-08-31
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2241 28-usc-2255 circuit-conflict circuit-split federal-habeas habeas-corpus mathis-decision mathis-v-united-states section-2241 section-2255 statutory-interpretation
Latest Conference: 2021-10-08
Question Presented (from Petition)

This Petition seeks to resolve a circuit conflict.
Persons convicted of a federal offense can file a petition to challenge their convictions pursuant to 28
U.S.C. § 2241, but only if relief under 28 U.S.C. § 2255
is "inadequate or ineffective." Mr. Williams alleged in
his § 2241 petition that this Court's decision in Mathis
v. United States, 136 S.Ct. 2243 (2016), was a change
in the law that was not available to him when he had
a right to file a § 2255 motion. Various circuit courts
have held that a change in the law after the time to file
a § 2255 motion makes that remedy "inadequate and
ineffective." But the courts have not agreed on whether
that change in the law must be an act of Congress, a
decision from this Court, or a decision of a circuit court.
The questions for review here are:
1. What type of change in the law allows a person
to file a § 2241 petition? Does it have to be an act of
Congress, a court decision declaring a new rule of constitutional law, or a court decision establishing a new
rule of statutory construction?
2. Was the decision in Mathis a change in the law
regarding whether a prior state robbery conviction is a
crime of violence?

Question Presented (AI Summary)

What type of change in the law allows a person to file a § 2241 petition?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent Steve Kallis, Warden to respond filed.
2021-08-27
Petition for a writ of certiorari filed. (Response due September 30, 2021)

Attorneys

Lorenzo Williams
Wallace L. Taylor — Petitioner
Steve Kallis, Warden
Brian H. FletcherActing Solicitor General, Respondent