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Kwong v. Holder

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
12-150 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether an abstract of judgment, which is prepared by a court clerk for sentencing purposes after a defendant’s guilty plea and without the defendant’s input, qualifies as a conclusive record made or used in adjudicating guilt sufficient to determine the nature of a prior conviction under Shepard v. United States; and (2) whether a burglary conviction in a state that does not require an unlawful or unprivileged entry can be considered a crime of violence under Leocal v. Ashcroft, when it is not a violent felony under Taylor v. United States.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 11 2012Application (11A1174) to extend the time to file a petition for a writ of certiorari from July 1, 2012 to August 1, 2012, submitted to Justice Kennedy.
Jun 14 2012Application (11A1174) granted by Justice Kennedy extending the time to file until August 1, 2012.
Jul 30 2012Petition for a writ of certiorari filed. (Response due August 31, 2012)
Aug 29 2012Order extending time to file response to petition to and including October 1, 2012.
Sep 26 2012Order further extending time to file response to petition to and including November 1, 2012.
Oct 31 2012Order further extending time to file response to petition to and including November 8, 2012.
Nov 8 2012Brief of respondent Eric H. Holder, Jr., Attorney General in opposition filed.
Nov 19 2012Reply of petitioner Chuen Piu Kwong, aka Phillip Kwong filed.
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Jun 25 2013DISTRIBUTED for Conference of June 26, 2013.
Jun 27 2013Petition DENIED.
Jul 22 2013Petition for Rehearing filed.
Aug 8 2013DISTRIBUTED.
Aug 30 2013Rehearing DENIED.
 
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