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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

Eady v. United States

Petition for certiorari denied on November 12, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
18-9424 11th Cir. N/A N/A N/A N/A OT 2019

Issues: (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

DateProceedings and Orders (key to color coding)
May 22 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019)
Jun 03 2019Waiver of right of respondent United States to respond filed.
Jun 13 2019DISTRIBUTED for Conference of 10/1/2019.
Jul 05 2019Response Requested. (Due August 5, 2019)
Jul 31 2019Motion to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
Aug 01 2019Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019.
Aug 29 2019Motion to extend the time to file a response from September 4, 2019 to September 27, 2019, submitted to The Clerk.
Aug 30 2019Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019.
Sep 27 2019Brief of respondent United States in opposition filed.
Oct 16 2019Reply of petitioner Lamar Eady filed. (Distributed)
Oct 17 2019DISTRIBUTED for Conference of 11/1/2019.
Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019Petition DENIED.
 
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