Legal Opinion
In Re James Davenport and Sherman Nichols
Court of Appeals for the Seventh Circuit
Decided June 18, 1998No. 97-9095, 97-9097PublishedCited by 587 opinions
1Opinion of the Court
POSNER, Chief Judge.
We consolidated and directed briefing and argument of petitions by two federal prisoners for leave to seek postconviction relief that the district courts thought barred by the Antiterrorism and Effective Death Penalty Act of 1996. The principal question we must decide is when if ever a federal prisoner can use the habeas corpus statute, 28 U.S.C. §§ 2241-2254, to get around the bar that the Antiterrorism Act places athwart successive motions under 28 U.S.C. § 2255, the federal prisoner’s habeas corpus substitute.
Davenport was convicted in 1991 of the federal crime of being…
2Cases cited27 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- McCleskey v. ZantSupreme Court of the United States · 1991
- Bailey v. United StatesSupreme Court of the United States · 1995
- Sanders v. United StatesSupreme Court of the United States · 1963
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3Cited by587 opinions
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- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
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- James Charles, (98-5747), Movant (98-0539) v. Ernest v. Chandler, WardenCourt of Appeals for the Sixth Circuit · 1999
- Orville Cephas v. John Nash, Warden, Ray Brook Federal Correctional InstitutionCourt of Appeals for the Second Circuit · 2003
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