Bowe v. United States

Bowe v. United States | 10/14/25 | Docket #: 24-5438 24-5438 BOWE V. UNITED STATES DECISION BELOW: CA 11 ORDER 6/27/2024 KASDIN M. MITCHELL, ESQUIRE, OF DALLAS, TEXAS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW AS TO QUESTION 1 PRESENTED BY THE PETITION FOR A WRIT OF CERTIORARI. CERT. GRANTED 1/17/2025 QUESTION PRESENTED: Under 28 U.S.C. § 2244(b)(1), “[ a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ” (emphasis added). The first question presented is: Whether 28 U.S.C. § 2244(b)(1) applies to a claim presented in a second or successive motion to vacate under 28 U.S.C. § 2255. * * * Under 28 U.S.C. § 2244(b)(3)(E), “[ t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition . . . for a writ of certiorari. ” (emphasis added). The second question presented is: Whether 28 U.S.C. § 2244(b)(3)(E) deprives this Court of certiorari jurisdiction over the grant or denial of an authorization by a court of appeals to file a second or successive motion to vacate under 28 U.S.C. § 2255. LOWER COURT CASE NUMBER: 24-11704