No. 21-527

Jeffery Mitchell v. Leonta Jackson, Warden

Lower Court: Seventh Circuit
Docketed: 2021-10-08
Status: Denied
Type: Paid
Tags: aedpa buck-v-davis certificate-of-appealability constitutional-challenge habeas-corpus slack-v-mcdaniel statute-of-limitations void-ab-initio void-statute
Latest Conference: 2021-12-10
Question Presented (from Petition)

1) Has the Supreme Court of the United States Abandoned its own precedent in Norton v. Shelby County, 118 U.S. 425, 6 S.Ct. 1121, 30 L.Ed. 178 (1886), where this court formulated the void ab initio doctrine?

2) If the first question is in the negative, then, whether in light of Norton; ex parte Siebold, 100 U.S. 371 (1879); and Montgomery v. Louisiana, 136 S.Ct. 718 (2016), can a claim of illegal conviction based on alleged facially unconstitutional (void) statute, if well taken, overcome Antiterrorism and Effective Death Penalty Act's (AEDPA) one-year statute of limitations pursuant to 28 U.S.C. § 2244(d)(1) for filing habeas corpus petitions?

3) Did the Seventh Circuit of the United States Court of Appeals err by denying Petitioner a Certificate of Appealability (COA) from the denial of his Rule 60(b) Motion, contrary to Buck v. Davis, 137 S.Ct. 759 (2017); and Slack v. McDaniel, 529 U.S. 473 (2000)?

Question Presented (AI Summary)

Whether the Supreme Court has abandoned its precedent in Norton v. Shelby County regarding the void ab initio doctrine

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-10-05
Petition for a writ of certiorari filed. (Response due November 8, 2021)

Attorneys

Jeffery Mitchell
Jeffery Mitchell — Petitioner