Leigh Ann Benson, (left) and Stephen A. Miller, (right) of Cozen O’Connor.
In Jones v. Hendrix, the U.S. Supreme Court will determine if a federal inmate is permitted to petition for habeas corpus relief after the law he was convicted of violating changes, and those changes apply retroactively. It seems axiomatic that the answer should be “yes,” but the procedural restrictions on habeas relief make it a hard call.
A jury convicted Marcus DeAngelo Jones, the petitioner, of violating the felon-in-possession statute. After the trial judge sentenced him to a 27-year prison term, he unsuccessfully challenged his conviction on direct appeal. He also unsuccessfully sought habeas corpus relief under 28 U.S.C. §2255. That statutory regime severely restricts successive petitions for relief.
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