Hardy v. United States

Petition for certiorari denied on February 25, 2019
Docket No. Argument Opinion Vote Author Term
17-6829 N/A N/A N/A N/A OT 2018

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.

DateProceedings and Orders (key to color coding)
Nov 09 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2017)
Dec 12 2017Motion to extend the time to file a response from December 18, 2017 to January 17, 2018, submitted to The Clerk.
Dec 13 2017Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2018.
Jan 17 2018Brief of respondent United States in opposition filed.
Feb 01 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 01 2018Reply of petitioner Bobby Hardy filed. (Distributed)
Feb 09 2018Rescheduled.
Mar 01 2018DISTRIBUTED for Conference of 3/16/2018.
Mar 07 2018Supplemental brief of petitioner Bobby Hardy filed. (Distributed)
Mar 19 2018DISTRIBUTED for Conference of 3/23/2018.
Mar 19 2018Second supplemental brief of petitioner Bobby Hardy filed. (Distributed)
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.
Feb 25 2019Petition DENIED.
 
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