Legal Opinion · Concurring in part, dissenting in part
Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.
Court of Appeals for the Eleventh Circuit
Decided March 14, 2017No. 12-14989Published
1Concurring in part, dissenting in partJordan, Circuit Judge
The text of 28 U.S.C. § 2255(e) has remained unchanged since 1948, despite Congress’ significant overhaul of federal collateral review in 1996. Given the difficult task of deciphering language designed for a bygone era in a post-AEDPA world, it is no wonder that federal courts have struggled to reach a uniform understanding. Recognizing that the meaning of § 2255(e) “is not easy of solution,” United States v. Universal C.I.T. Credit Corp., 344 U.S. 218, 221, 73 S.Ct. 227, 97 L.Ed. 260 (1952), I offer my own perspective.
I agree with the majority’s ultimate conclusion that the “saving clause”…
2Cases cited49 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Bousley v. United StatesSupreme Court of the United States · 1998
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
- Duncan v. WalkerSupreme Court of the United States · 2001
- House v. BellSupreme Court of the United States · 2006
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