Edward Lee Smith v. United States
DueProcess HabeasCorpus JusticiabilityDoctri
I. Whether the "total exhaustion rule" applies to Motions under 28 U.S.C. §2255; and if so, was the district court in error to rule Smith's §2255 as untimely?
II. With the upheaval of circuit precedent wrought by this Court's Kisor decision, was it error to not issue a Certificate of Appealability on either of the following:
(a) Was Smith's counsel constitutionally ineffective when he failed to preserve, or even argue, the inchoate question when counsel's contemporaries were challenging precedent in multiple circuits?; or (b) Post Kisor, can guideline commentary be used to expand the pre 2023 Guideline text to include inchoate crimes as predicates for a career offender designation?
III. Whether the Eighth Circuit erred when they did not grant a certificate of appealability, or remand for an evidentiary hearing on Smith's colorable diligence allegations?
Whether Lundy's 'total exhaustion rule' applies to Motions under 28 U.S.C. §2255