Issues: (1) Whether a conviction for Florida robbery 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 require 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.
|Date||Proceedings and Orders |
|Nov 09 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2017)|
|Dec 12 2017||Motion to extend the time to file a response from December 18, 2017 to January 17, 2018, submitted to The Clerk.|
|Dec 13 2017||Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2018.|
|Jan 17 2018||Brief of respondent United States in opposition filed.|
|Feb 01 2018||DISTRIBUTED for Conference of 2/16/2018.|
|Feb 01 2018||Reply of petitioner Bobby Hardy filed. (Distributed)|
|Feb 09 2018||Rescheduled.|
|Mar 01 2018||DISTRIBUTED for Conference of 3/16/2018.|
|Mar 07 2018||Supplemental brief of petitioner Bobby Hardy filed. (Distributed)|
|Mar 19 2018||DISTRIBUTED for Conference of 3/23/2018.|
|Mar 19 2018||Second supplemental brief of petitioner Bobby Hardy filed. (Distributed)|
|Mar 26 2018||DISTRIBUTED for Conference of 3/29/2018.|
|Jan 15 2019||DISTRIBUTED for Conference of 1/18/2019.|
|Feb 04 2019||DISTRIBUTED for Conference of 2/15/2019.|
|Feb 19 2019||DISTRIBUTED for Conference of 2/22/2019.|
|Feb 25 2019||Petition DENIED.|
Today at SCOTUS: The justices return to the bench for oral arguments in a pair of public-corruption cases, both stemming from scandals in New York politics that arose during Andrew Cuomo's time as governor. In both cases, the defendants are claiming prosecutorial overreach.
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf