Opinion

Brian Williams v. United States

  • 927 F.3d 427
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 11, 2019
Status
Published
Author
Merritt
On the bench
Moore, Merritt
Cited by
29 cases
Authority
More cited than 13.9%

holding that § 2244(b)(1)’s prohibition on claims in a second or successive petition that were not MITCHELL V. UNITED STATES 15 Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA

How later courts described this case

  • holding that § 2244(b)(1)’s prohibition on claims in a second or successive petition that were not MITCHELL V. UNITED STATES 15 Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA
  • revisiting the §2244(b)(1) analysis after concluding that statements from two published prior cases were unreasoned dicta
  • concluding “that § 2244(b)(1) does not apply to federal prisoners . . . seeking relief under § 2255”
  • “[D]ictum in a prior decision . . . does not bind future panels.” (quoting In re Campbell, 874 F.3d 454, 464 (6th Cir. 2017))

Written by the judges who cited it.

The opinion

MERRITT, Circuit Judge, concurring.

I concur in Judge Moore's comprehensive and complex opinion in this case written after and in light of the court's en banc opinion in United States v. Burris , 912 F.3d 386 (6th Cir. 2019). But at the same time I continue to agree with my dissenting opinion when our panel heard the case initially in 2017. Williams v. United States , 875 F.3d 803 , 809 (6th Cir. 2017). In that dissenting opinion, I concluded that United States v. Anderson , 695 F.3d 390 (6th Cir. 2012) (now apparently rejected in Burris ), was no longer applicable in light of the Supreme Court's opinion in Mathis v. United States , --- U.S. ----, 136 S. Ct. 2243 , 195 L.Ed.2d 604 (2016).

Perhaps the Armed Career Criminal Act will someday be repealed.

In the last paragraph of my dissenting opinion two years ago, I pointed out what the two justices thought about this law. "Justice Breyer said, the Armed Career Criminal Act creates a 'time-consuming legal tangle.' Mathis , 136 S. Ct. at 2264 (Breyer, J., dissenting). Justice Alito agreed and referred to the analytical process simply as a 'mess.' Id . at 2269 (Alito, J., dissenting)."

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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