No. 22-6607

Billy Joe Wolfe, Jr. v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa congress-power congressional-power constitutional-law due-process federal-courts indian-affairs subject-matter-jurisdiction treaty-interpretation treaty-rights
Latest Conference: 2023-02-17
Question Presented (from Petition)

(1) Whether the time of filing limitations of Antiterrorism Effective Death
Penalty Act (AEDPA) were intended by Congress to prevent consideration of
/
lack of subject matter jurisdiction in the trial court?
(2) Whether AEDPA conflicts with Congresses plenary power with respect to
Indian affairs?

Question Presented (AI Summary)

Whether the time of filing limitations of Antiterrorism Effective Death Penalty Act (AEDPA) were intended by Congress to prevent consideration of lack of subject matter jurisdiction in the trial court?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-02-01
Waiver of right of respondent Payne, Director, AR DOC to respond filed.
2023-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

Billy Joe Wolfe
Billy Wolfe — Petitioner
Payne, Director, AR DOC
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent