Jones v. Hendrix
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-857 | 8th Cir. | Nov 1, 2022 | Jun 22, 2023 | 6-3 | Thomas | OT 2022 |
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 Justice Thomas on June 22, 2023. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined. Justice Jackson filed a dissenting opinion.
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| Date | Proceedings and Orders |
|---|---|
| 10/22/2021 | 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. |
| 10/29/2021 | Application (21A117) granted by Justice Kavanaugh extending the time to file until December 9, 2021. |
| 12/07/2021 | Petition for a writ of certiorari filed. (Response due January 10, 2022) |
| 12/17/2021 | Waiver of right of respondent Dewayne Hendrix, Warden to respond filed. |
| 12/22/2021 | DISTRIBUTED for Conference of 1/7/2022. |
| 12/29/2021 | Response Requested. (Due January 28, 2022) |
| 02/01/2022 | Motion to extend the time to file a response from January 28, 2022 to February 28, 2022, submitted to The Clerk. |
| 02/02/2022 | Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022. |
| 02/17/2022 | Motion to extend the time to file a response from February 28, 2022 to March 30, 2022, submitted to The Clerk. |
| 02/18/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including March 30, 2022. |
| 03/30/2022 | Brief of respondent Dewayne Hendrix, Warden in opposition filed. |
| 04/12/2022 | Reply of petitioner Marcus DeAngelo Jones filed. (Distributed) |
| 04/13/2022 | DISTRIBUTED for Conference of 4/29/2022. |
| 05/09/2022 | DISTRIBUTED for Conference of 5/12/2022. |
| 05/16/2022 | Petition GRANTED. |
| 06/02/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 06/03/2022 | Blanket Consent filed by Petitioner, Marcus DeAngelo Jones |
| 06/17/2022 | 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) |
| 06/21/2022 | 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. |
| 06/28/2022 | 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. |
| 07/14/2022 | Brief of petitioner Marcus DeAngelo Jones filed. |
| 07/14/2022 | Joint appendix filed (statement of cost filed.) |
| 07/21/2022 | Brief amici curiae of Habeas Scholars filed. |
| 07/21/2022 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 07/21/2022 | Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed. |
| 08/03/2022 | ARGUMENT SET FOR Tuesday, November 1, 2022. |
| 08/08/2022 | Brief of respondent Dewayne Hendrix, Warden supporting affirmance filed. |
| 08/31/2022 | CIRCULATED |
| 09/12/2022 | Record requested from the U.S.C.A. 8th Circuit. |
| 09/12/2022 | Brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| 09/15/2022 | Motion for divided argument filed by the Solicitor General. |
| 09/19/2022 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| 10/11/2022 | Motion for divided argument filed by the Solicitor General GRANTED. |
| 10/12/2022 | Reply of respondent Dewayne Hendrix, Warden to brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| 10/12/2022 | Reply of petitioner Marcus DeAngelo Jones filed. (Distributed) |
| 11/01/2022 | 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. |
| 01/04/2023 | Record received from the U.S.C.A. 8th Circuit (1 envelope). |
| 06/22/2023 | Adjudged 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. |
| 06/28/2023 | Record returned to the U.S.C.A. 8th Circuit (1 envelope). |
| 07/24/2023 | Judgment issued. |