Jackson v. Hudson

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel to the petitioner in this case.

Issue: Whether 28 U.S.C. § 2255 — which allows a person in federal custody to challenge the legality of his detention by filing a post-conviction motion, as well as a petition for a writ of habeas corpus under 28 U.S.C. § 2241 if the Section 2255 remedy is “inadequate or ineffective to test the legality of his detention” — is “inadequate or ineffective” when, at the time of petitioner’s initial Section 2255 motion, circuit precedent foreclosed a potential claim, but that precedent has since been overruled by the Supreme Court.