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Clay v. United States January 13, 2003 (01-1500) return to case listing 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 In an unpublished opinion, the United States Court of Appeals for the Seventh Circuit affirmed, holding that when a defendant does not seek Supreme Court review, the one-year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 The unpublished opinion of the Seventh Circuit is found at 30 Fed.Appx. 607, 2002 WL 126094.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   return to case listing