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Jones v. Hendrix
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-857 | 8th Cir. |
Nov 1, 2022 |
TBD | TBD | TBD | OT 2022 |
Issue: Whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C § 2241 after the Supreme Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.
SCOTUSblog Coverage
- In habeas case, the liberal justices try to untangle a complex statute (Noam Biale, November 2, 2022)
- On the narrow road to challenge a federal conviction, when is a vehicle “inadequate”? (Noam Biale, October 28, 2022)
- Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
- Justices grant review in two cases that test jurisdiction of district courts (Amy Howe, May 16, 2022)
- Challenges to administrative action and retroactive relief for prisoners (John Elwood, May 11, 2022)
- “Remain in Mexico” and Texas’ anti-abortion law (Andrew Hamm, January 7, 2022)
| Date | Proceedings and Orders |
|---|---|
| Oct 22 2021 | Application (21A117) to extend the time to file a petition for a writ of certiorari from November 4, 2021 to December 9, 2021, submitted to Justice Kavanaugh. |
| Oct 29 2021 | Application (21A117) granted by Justice Kavanaugh extending the time to file until December 9, 2021. |
| Dec 07 2021 | Petition for a writ of certiorari filed. (Response due January 10, 2022) |
| Dec 17 2021 | Waiver of right of respondent Dewayne Hendrix, Warden to respond filed. |
| Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022. |
| Dec 29 2021 | Response Requested. (Due January 28, 2022) |
| Feb 01 2022 | Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk. |
| Feb 02 2022 | Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022. |
| Feb 17 2022 | Motion to extend the time to file a response from February 28, 2022 to March 30, 2022, submitted to The Clerk. |
| Feb 18 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2022. |
| Mar 30 2022 | Brief of respondent Dewayne Hendrix, Warden in opposition filed. |
| Apr 12 2022 | Reply of petitioner Marcus DeAngelo Jones filed. (Distributed) |
| Apr 13 2022 | DISTRIBUTED for Conference of 4/29/2022. |
| May 09 2022 | DISTRIBUTED for Conference of 5/12/2022. |
| May 16 2022 | Petition GRANTED. |
| Jun 02 2022 | Motion for an extension of time to file the briefs on the merits filed. |
| Jun 03 2022 | Blanket Consent filed by Petitioner, Marcus DeAngelo Jones |
| Jun 17 2022 | Letter of the Solicitor General notifying the Court that government will defend the judgment but not the rationale of the court of appeals' decision. (Distributed) |
| Jun 21 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 14, 2022. The time to file respondent's brief on the merits is extended to and including September 12, 2022. |
| Jun 28 2022 | Morgan L. Ratner, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| Jul 14 2022 | Brief of petitioner Marcus DeAngelo Jones filed. |
| Jul 14 2022 | Joint appendix filed (statement of cost filed.) |
| Jul 21 2022 | Brief amici curiae of Habeas Scholars filed. |
| Jul 21 2022 | Brief amicus curiae of National Association of Federal Defenders filed. |
| Jul 21 2022 | Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed. |
| Aug 03 2022 | ARGUMENT SET FOR Tuesday, November 1, 2022. |
| Aug 08 2022 | Brief of respondent Dewayne Hendrix, Warden supporting affirmance filed. |
| Aug 31 2022 | CIRCULATED |
| Sep 12 2022 | Record requested from the U.S.C.A. 8th Circuit. |
| Sep 12 2022 | Brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| Sep 15 2022 | Motion for divided argument filed by the Solicitor General. |
| Sep 19 2022 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| Oct 11 2022 | Motion for divided argument filed by the Solicitor General GRANTED. |
| Oct 12 2022 | Reply of respondent Dewayne Hendrix, Warden to brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| Oct 12 2022 | Reply of petitioner Marcus DeAngelo Jones filed. (Distributed) |
| Nov 01 2022 | Argued. For petitioner: Daniel R. Ortiz, Charlottesville, Va. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Morgan L. Ratner, Washington, D. C. |
| Jan 04 2023 | Record received from the U.S.C.A. 8th Circuit (1 envelope). |
