Lomax v. Ortiz-Marquez

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner and Supporting Reversal.

Brief filed: 12/16/2019


Lomax v. Ortiz-Marquez

United States Supreme Court; Case No. 18-8369


In deciding when to impose a “strike,” Congress incorporated the well-established merits-based distinction between a with-prejudice dismissal and a without-prejudice dismissal. Treating a dismissal without prejudice as a strike undermines the Judiciary’s inherent equitable power to leave the courthouse doors open to meritorious claims brought by indigent prisoners. Treating a without-prejudice dismissal as a strike penalizes poor prisoners for proceedings pro se and stifles meritorious claims.

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Anthony F. Shelley, Dawn E. Murphy-Johnson, Elizabeth J. Jonas, and Calvin Lee, Miller & Chevalier Chartered, Washington, DC.