Jones v. Hendrix
Holding
The saving clause in 28 U.S.C. § 2255(e) does not allow a prisoner asserting an intervening change in the interpretation of a criminal statute to circumvent the Antiterrorism and Effective Death Penalty Act of 1996's restrictions on second or successive Section 2255 motions by filing a habeas petition under Section 2241.
Judgment
Affirmed, 6-3, in an opinion by Clarence Thomas on Jun 22, 2023. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined. Justice Jackson filed a dissenting opinion.
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 7, 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 1, 2022Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk.Feb 2, 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 9, 2022DISTRIBUTED for Conference of 5/12/2022.
May 16, 2022Petition GRANTED.
Jun 2, 2022Motion for an extension of time to file the briefs on the merits filed.Jun 3, 2022Blanket Consent filed by Petitioner, Marcus DeAngelo JonesJun 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 3, 2022ARGUMENT SET FOR Tuesday, November 1, 2022.
Aug 8, 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 1, 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.
Jan 4, 2023Record received from the U.S.C.A. 8th Circuit (1 envelope).
Jun 22, 2023Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor and Kagan, JJ., filed a dissenting opinion. Jackson, J., filed a dissenting opinion.
Jun 28, 2023Record returned to the U.S.C.A. 8th Circuit (1 envelope).
Jul 24, 2023Judgment issued.Recommended Citation: Jones v. Hendrix, SCOTUSblog, https://www.scotusblog.com/cases/jones-v-hendrix/