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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.

DateProceedings and Orders (key to color coding)
Oct 22 2021Application (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 2021Application (21A117) granted by Justice Kavanaugh extending the time to file until December 9, 2021.
Dec 07 2021Petition for a writ of certiorari filed. (Response due January 10, 2022)
Dec 17 2021Waiver of right of respondent Dewayne Hendrix, Warden to respond filed.
Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 29 2021Response Requested. (Due January 28, 2022)
Feb 01 2022Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.
Feb 02 2022Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
Feb 17 2022Motion to extend the time to file a response from February 28, 2022 to March 30, 2022, submitted to The Clerk.
Feb 18 2022Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2022.
Mar 30 2022Brief of respondent Dewayne Hendrix, Warden in opposition filed.
Apr 12 2022Reply of petitioner Marcus DeAngelo Jones filed. (Distributed)
Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
May 09 2022DISTRIBUTED for Conference of 5/12/2022.
May 16 2022Petition GRANTED.
Jun 02 2022Motion for an extension of time to file the briefs on the merits filed.
Jun 03 2022Blanket Consent filed by Petitioner, Marcus DeAngelo Jones
Jun 17 2022Letter 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 2022Motion 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 2022Morgan 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 2022Brief of petitioner Marcus DeAngelo Jones filed.
Jul 14 2022Joint appendix filed (statement of cost filed.)
Jul 21 2022Brief amici curiae of Habeas Scholars filed.
Jul 21 2022Brief amicus curiae of National Association of Federal Defenders filed.
Jul 21 2022Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
Aug 03 2022ARGUMENT SET FOR Tuesday, November 1, 2022.
Aug 08 2022Brief of respondent Dewayne Hendrix, Warden supporting affirmance filed.
Aug 31 2022CIRCULATED
Sep 12 2022Record requested from the U.S.C.A. 8th Circuit.
Sep 12 2022Brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
Sep 15 2022Motion for divided argument filed by the Solicitor General.
Sep 19 2022Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Oct 11 2022Motion for divided argument filed by the Solicitor General GRANTED.
Oct 12 2022Reply of respondent Dewayne Hendrix, Warden to brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
Oct 12 2022Reply of petitioner Marcus DeAngelo Jones filed. (Distributed)
Nov 01 2022Argued. 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.