Hale v. Fox, No. 14-1294 (10th Cir. 2016)
Annotate this CaseMatthew Hale was convicted of obstruction of justice and soliciting the murder of a federal judge. After filing an unsuccessful motion for collateral relief, he filed a habeas corpus application, arguing: (1) because the evidence at trial was insufficient to establish guilt under the solicitation and obstruction statutes, he was “actually innocent;" and (2) he claimed that possible juror misconduct, which he learned about after his section 2255 motion had been denied, may have deprived him of his right to an impartial jury. The district court denied the "section 2241" application under 28 U.S.C. 2255(e) for lack of statutory jurisdiction, and Hale appealed. Finding that Hale’s application was barred under the Tenth Circuit's interpretation of section 2255(e) in "Prost v. Anderson," (636 F.3d 578 (10th Cir. 2011)), the Tenth Circuit affirmed.
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