Byrd v. Budder
Petition for certiorari denied on November 27, 2017
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.
| Date | Proceedings and Orders |
|---|---|
| 07/12/2017 | 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. |
| 07/19/2017 | Application (17A76) granted by Justice Sotomayor extending the time to file until September 14, 2017. |
| 09/14/2017 | Petition for a writ of certiorari filed. (Response due October 18, 2017) |
| 10/18/2017 | Brief of respondent Keighton Budder in opposition filed. |
| 10/18/2017 | Motion for leave to proceed in forma pauperis filed by respondent Keighton Budder. |
| 10/18/2017 | Brief amici curiae of The State of Kansas and 16 other States filed. |
| 10/27/2017 | Reply of petitioner Raymond Byrd, Warden filed. |
| 11/01/2017 | DISTRIBUTED for Conference of 11/21/2017. |
| 11/27/2017 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 11/27/2017 | Petition DENIED. |