En banc court reverses and remands in Webster v. Daniels - May 1, 2015
Posted on: 1/23/2017 04:23:39 PM by Kouros

On May 1, 2015, the Seventh Circuit Court of Appeals, sitting en banc, reversed and remanded Bruce Webster’s case finding that his 28 USC § 2241 petition raising an Atkins claim was not an impermissible successive pleading. The Court held there is no categorical bar in section 2241 where new evidence shows that a certain penalty is categorically prohibited by the Constitution. Because the evidence Mr. Webster sought to present predated the trial but was not discovered despite the defense’s diligence, his case was entitled to be heard under section 2241.(The opinion can be read here.)