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Henry v. City of Mt. Dora, Florida

Certiorari Denied

Petition for certiorari denied on January 8, 2018.

Docket No.17-652
Op. Below11th Cir.

Issue

(1) Whether the Supreme Court's decision in Heck v. Humphrey bars actions under 42 U.S.C. § 1983 when the writ of habeas corpus was not available as a federal constitutional collateral attack on a state criminal conviction, as six circuits have held; or whether Heck v. Humphrey bars actions under 42 U.S.C. § 1983 regardless of habeas corpus availability, as the U.S. Court of Appeals for the 11th Circuit held here, and four other circuits have held; and (2) whether a juvenile adjudication noting a violation of a criminal statute constitutes a criminal conviction triggering the Heck v. Humphrey bar when state law expressly states that juvenile adjudications are not criminal convictions, and juveniles are not afforded basic constitutional protections required for criminal proceedings.

Proceedings & orders timeline

Oct 26, 2017
Petition for a writ of certiorari filed. (Response due December 4, 2017)
Nov 29, 2017
Brief of respondents Brett Livingston and Ivelisse Severance in opposition filed.
Dec 4, 2017
Motion for leave to file amicus brief filed by National Juvenile Defender Center.
Dec 4, 2017
Motion for leave to file amicus brief filed by The National Bar Association.
Dec 4, 2017
Motion for leave to file amicus brief filed by National Association for Public Defense.
Dec 4, 2017
Amicus brief of The National Bar Association not accepted for filing. (December 05, 2017)
Dec 6, 2017
Response to the motions for leave to file brief of amicus curiae from respondents Brett Livingston and Ivelisse Severance filed. (Distributed)
Dec 6, 2017
Response of Brett Livingston and Ivelisse Severance to motion not accepted for filing. (December 06, 2017)
Dec 12, 2017
Reply of petitioner Marie Henry, as guardian parent next of kin and for and on behalf M.E. Henry-Robinson, a minor filed.
Dec 13, 2017
DISTRIBUTED for Conference of 1/5/2018.
Jan 8, 2018
Motion for leave to file amicus brief filed by The National Bar Association GRANTED.
Jan 8, 2018
Motion for leave to file amicus brief filed by National Association for Public Defense GRANTED.
Jan 8, 2018
Motion for leave to file amicus brief filed by National Juvenile Defender Center GRANTED.
Jan 8, 2018
Petition DENIED.

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