Prisoner petition deadlines
In Re Jamaal Howard, Petitioner
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Jamaal Howard, a Texas death-row prisoner, asked whether a federal appeals court may refuse permission to file a second challenge to his imprisonment because it is too late under a one-year deadline.
- Who it affects
- Howard did not receive the Supreme Court order he sought; the Court did not decide whether the Fifth Circuit could deny permission because his proposed application was late.
Summary: written with AI from the case record.
What it's about
The Supreme Court refused his request for a court order (denied his mandamus petition), leaving that legal question unresolved.
Federal law requires a state prisoner to get a federal appeals court’s permission before filing a second or later federal challenge to being imprisoned.
Question presented
Whether a court of appeals, ruling on a motion for authorization under 28 U.S.C. § 2244(b) (3), may deny authorization on the ground that the proposed application is untimely under 28 U.S.C. § 2244(d)?
Documents
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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Brief added: Petition
More questions
- Where is the one-year filing deadline set?
- It appears in 28 U.S.C. § 2244(d), while the permission process for a second application is in § 2244(b).
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.