No. 23-5258
Octavius McLendon v. United States
Tags: appellate-review constitutional-violations district-court-jurisdiction federal-inmates federal-prisoners habeas-corpus post-conviction-review procedural-default statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2023-09-26
Question Presented (from Petition)
Where 28 U.S.C. § 2255 grants convicted federal inmates the right, in lieu of
common law habeas corpus, to "move the court which imposed the sentence" to grant
relief from constitutional violations, may a court of appeals, upon concluding that the
district court erroneously dismissed the § 2255 motion as procedurally defaulted
without reaching the merits, deny the § 2255 motion on the merits, rather than
remanding to the district court for the post-conviction review guaranteed by the
statute?
Question Presented (AI Summary)
Whether a court of appeals may deny a § 2255 motion on the merits rather than remanding to the district court
Docket Entries
2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-03
Waiver of right of respondent United States to respond filed.
2023-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)
Attorneys
Octavius McLendon
Richard C. Klugh Jr. — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent