Baxter v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-6991 11th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.

DateProceedings and Orders (key to color coding)
Dec 04 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2018)
Dec 26 2017Motion to extend the time to file a response from January 5, 2018 to February 5, 2018, submitted to The Clerk.
Dec 27 2017Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2018.
Feb 05 2018Brief of respondent United States in opposition filed.
Feb 15 2018Reply of petitioner Rubin Baxter filed.
Feb 22 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 19 2018DISTRIBUTED for Conference of 3/23/2018.
Mar 26 2018DISTRIBUTED for Conference of 3/29/2018.
Jan 15 2019DISTRIBUTED for Conference of 1/18/2019.
Feb 04 2019DISTRIBUTED for Conference of 2/15/2019.
Feb 19 2019DISTRIBUTED for Conference of 2/22/2019.
 
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