Case Citator › Billy Ray Ashley v. United States

Billy Ray Ashley v. United States

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Seventh Circuit
Citation
266 F.3d 671
Decided
Confirmed treatments
1
Flagged citations read
31 of 31
Citing cases (total)
31
Treatment dates
2005
Abrogated
A reviewed court treats this case as abrogated by later authority. Abrogated in part: the Supreme Court's decision in Dodd v. United States displaced Ashley v. United States's rule that the one-year period for an initial § 2255 motion begins when a new right is made retroactive. All 31 flagged citations have been read.
More on how this was screened

Dodd held that the period begins when the Supreme Court first recognizes the right, although its opinion did not name Ashley. The First Circuit later recorded the distinction in Butterworth v. United States, explaining that Dodd changed the filing-date rule while Ashley's separate holding that district and appellate courts may decide retroactivity remained intact. This treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

31 later cases cite Billy Ray Ashley v. United States; 31 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Abrogated

  • The Supreme Court displaced Ashley's filing-date rule by holding that the one-year period under § 2255 paragraph 6(3) runs from the Supreme Court's initial recognition of a right, regardless of when the right is made retroactive.

    Dodd v. United States · Supreme Court of the United States · filed

    We believe that the text of ¶ 6(3) settles this dispute. It unequivocally identifies one, and only one, date from which the 1-year limitation period is measured: “the date on which the right asserted was initially recognized by the Supreme Court.”
    Read the full opinion on CourtListener →

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