Thursday, September 21, 2017
Court clarifies Mathis is not a new rule
The Court today denied a defendant's right to file a second or successive 28 U.S.C. section 2255 petition, confirming that the Supreme Court's decision in Mathis v. United States, 136 S. Ct.
2243 (2016) did not create a new rule of law, but rather, was compelled by over 25 years of prior precedent. The Court further found that United States v. Hinkle, 832 F.3d 569 (5th Cir. 2016) did not support any successive filing, as it was not Supreme Court precedent made explicitly retroactive.
Today's ruling in In re Conzelmann can be found here.