Residual Impact: Resentencing Implications of Johnson’s Potential Ruling on ACCA’s Constitutionality
115 Columbia Law Review Sidebar 55 (2015)
24 Pages Posted: 18 Apr 2015 Last revised: 29 Aug 2016
Date Written: April 20, 2015
This Essay examines the impact a favorable decision in Johnson v. United States could have at the various stages of post-conviction relief for three categories of prisoners -- prisoners whose convictions have not yet become final; prisoners whose convictions have become final but who have not yet filed a petition seeking post-conviction relief; and prisoners whose convictions have become final and who have already filed at least one petition seeking post-conviction relief. In doing so, it offers a reading of the relevant cases and statutes that permits any defendant sentenced under the Armed Career Criminal Act to obtain relief based on a decision invalidating the residual clause. It also highlights some under-explored statutes and doctrinal questions that courts will confront as they determine which prisoners should be resentenced in light of Johnson.
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