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Byrd v. Budder

Certiorari Denied

Petition for certiorari denied on November 27, 2017.

Docket No.17-405
Op. Below10th Cir.

Issue

(1) Whether Graham v. Florida clearly establishes for the purposes of habeas corpus relief that a state violates the Eighth Amendment when it imposes on a juvenile consecutive sentences for multiple non-homicide crimes, where each individual sentence does not impose life without parole, but the aggregate result is that the felon will not be eligible for parole within his natural lifetime; and (2) whether a rule of law can be "clearly established" within the meaning of 28 U.S.C. § 2254(d)(1) when there is a significant division among courts about the existence of that rule.

Proceedings & orders timeline

Jul 12, 2017
Application (17A76) to extend the time to file a petition for a writ of certiorari from July 31, 2017 to September 14, 2017, submitted to Justice Sotomayor.
Jul 19, 2017
Application (17A76) granted by Justice Sotomayor extending the time to file until September 14, 2017.
Sep 14, 2017
Petition for a writ of certiorari filed. (Response due October 18, 2017)
Oct 18, 2017
Brief of respondent Keighton Budder in opposition filed.
Oct 18, 2017
Motion for leave to proceed in forma pauperis filed by respondent Keighton Budder.
Oct 18, 2017
Brief amici curiae of The State of Kansas and 16 other States filed.
Oct 27, 2017
Reply of petitioner Raymond Byrd, Warden filed.
Nov 1, 2017
DISTRIBUTED for Conference of 11/21/2017.
Nov 27, 2017
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 27, 2017
Petition DENIED.

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