Docket Number: 24-5438

Decision Below: CA 11 Order 6/27/2024

Lower Court Case Number: 24-11704

Question Presented

Under 28 U.S.C. § 2244(b)(1), "[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed." (emphasis added).

The first question presented is:

Whether 28 U.S.C. 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 22 U.S.C. § 2255.

* * *

Under 28 U.S.C. § 2244(b)(3)(E), "[t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari." (emphasis added).

The second question presented is:

Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255.

Kasdin M. Mitchell, Esquire, of Dallas, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below as to question 1 presented by the petition for a writ of certiorari.

Cert. Granted January 17, 2025

See Transcript

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-5438_2dp3.pdf