Challenge to Conviction

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7^th Circuit Court of Appeals

Case Name: Jimmie Darrell Poe, Sr.  v. Leann LaRiva

Case No.: 14-3513

Officials: EASTERBROOK, KANNE, and SYKES, Circuit Judges.

Focus: Challenge to Conviction

Appellant petitions for writ of habeas corpus under wrong statute.

“On a final note, Poe makes various attempts to improperly shoehorn his Richardson claim into his § 2241 petition, which relied on Alleyne. His argument essentially runs as follows: Richardson has been applied retroactively, and because there exists a “nexus” between Alleyne and Richardson, Richardson’s retroactivity should allow Poe’s Alleyne claims to proceed un‐ der § 2241. (Appellant Br. 13–14.) Poe’s argument makes no sense. In asserting such a “nexus,” it appears that Poe is trying combine Richardson’s retroactivity and statutory interpreta‐ tion with Alleyne’s recent timing to fulfill the requirements for § 2241. A petitioner may not “cherry‐pick” aspects of legally unrelated Supreme Court cases in order to overcome AEDPA’s procedural requirements. Therefore, we reject Poe’s attempts.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.