Howard v. Accor Management US

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the defense or discharge must be a legal defect in the conviction and that \No re-cast audita querela as an avenue for purely equitable relief would violate separation of powers\
• explaining that a \legal defense\ concerns a \legal defect\ in the underlying sentence or conviction
• finding that “Salgado and Ghebreziabher were mistaken, as a historical matter, in their conclusion that audita querela furnishes a purely ‘equitable’ basis for relief independent of any legal defect in the underlying judgment”
• explaining that the difference between the writs “is one of timing, not substance”
• writ of audita querela available “where a legal defense or discharge arose subsequent to judgment”

Source: CourtListener parenthetical corpus (CC0).