Eady v. United States
Petition for certiorari denied on November 12, 2019
Issue: (1) Whether the "knowingly" provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a 18 U.S.C. § 922(g) crime; (2) whether, under the "realistic probability" standard of Gonzalez v. Duenas-Alvarez, it is necessary to identify a reported case to establish that a state statute is overbroad vis-a-vis a federal definition if the plain language of the state statute so indicates; and (3) whether the U.S. Court of Appeals for the 11th Circuit erred under Miller-El v. Cockrell and Buck v. Davis in denying the petitioner, Lamar Eady, a certificate of appealability based upon adverse circuit precedent, when the question of whether Florida felony battery under Fla. Stat. " 784.041(1) is an ACCA "violent felony" is debatable among reasonable jurists.
SCOTUSblog Coverage
- Relist Watch (John Elwood, November 6, 2019)
Date | Proceedings and Orders |
---|---|
05/22/2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019) |
06/03/2019 | Waiver of right of respondent United States to respond filed. |
06/13/2019 | DISTRIBUTED for Conference of 10/1/2019. |
07/05/2019 | Response Requested. (Due August 5, 2019) |
07/31/2019 | Motion to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk. |
08/01/2019 | Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019. |
08/29/2019 | Motion to extend the time to file a response from September 4, 2019 to September 27, 2019, submitted to The Clerk. |
08/30/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019. |
09/27/2019 | Brief of respondent United States in opposition filed. |
10/16/2019 | Reply of petitioner Lamar Eady filed. (Distributed) |
10/17/2019 | DISTRIBUTED for Conference of 11/1/2019. |
11/04/2019 | DISTRIBUTED for Conference of 11/8/2019. |
11/12/2019 | Petition DENIED. |