In re: Wesley
Split Score
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This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Remanded
The Tenth Circuit considered Monterial Wesley’s mixed Rule 60(b) motion and request to file a successive § 2255 petition based on alleged prosecutorial misconduct. The court remanded the portion of the motion alleging fraud on the habeas court for the district court to address, but denied authorization for Wesley’s successive § 2255 claims attacking his sentence and one conviction, holding that § 2255(h)(1) covers challenges to convictions, not sentences.
Circuit Split Identified
Legal Issue
Whether the “newly-discovered evidence” gateway in 28 U.S.C. § 2255(h)(1) / § 2244(b)(2)(B)(ii) authorizes successive habeas petitions that challenge a death sentence (as opposed to only the underlying conviction).
Circuit Positions
§ 2255(h)(1) / § 2244(b)(2)(B)(ii) allows death-sentence challenges.
§ 2255(h)(1) / § 2244(b)(2)(B)(ii) does NOT allow death-sentence challenges—only conviction challenges.
Issue expressly noted but left undecided in this opinion.
Conflict Summary
The Ninth Circuit holds that the statutory language permits successive petitions attacking a death sentence, whereas the Fifth and Eleventh Circuits hold that the provision is limited to challenges to convictions and excludes sentence-only attacks. The Tenth Circuit, in this opinion, expressly notes the split but declines to weigh in because the instant case does not involve the death penalty.