Clay v. United States
January 13, 2003 (01-1500)
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Case Summary
Defendant Clay was convicted of arson and distribution of crack. More than a year after his conviction was affirmed on appeal, Clay filed a pro se motion with the district court to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, alleging ineffective assistance of counsel. Because Section 2255 provides for a one-year period during which a federal prisoner may seek collateral review of his conviction, the district court denied Defendant's motion as time-barred. In an unpublished opinion, the United States Court of Appeals for the Seventh Circuit affirmed, holding that when a defendant does not seek Supreme Court review, the one-year period begins to run on the date the court of appeals affirms his conviction, not after the 90 day period for filing a certiorari petition expires. The unpublished opinion of the Seventh Circuit is found at 30 Fed.Appx. 607, 2002 WL 126094.


PREDICTED OUTCOME ACTUAL
OUTCOME
Forecasting
Model
Expert
One
Expert
Two
Expert
Three
5-4 to Reverse 9-0 to Reverse 7-2 to Reverse n/a 9-0 to Reverse
VOTING TO REVERSE
Stevens
Scalia
Souter
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Kennedy
Souter
Ginsburg
Breyer
Rehnquist
Stevens
O'Connor
Scalia
Kennedy
Souter
Thomas
Ginsburg
Breyer
VOTING TO AFFIRM
Rehnquist
O'Connor
Kennedy
Thomas
Scalia
Thomas
 

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