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Oliver v. McDaniels

Pending Petition
Docket No.17-682
Op. Below3d Cir.

Issue

(1) Whether a one-sentence allegation of fact in the background section of a prisoner"s state court brief can be sufficient to exhaust a novel and complex federal constitutional double jeopardy claim; and (2) whether it is unreasonable to conclude that double jeopardy does not bar retrial, when the Supreme Court has repeatedly indicated that double jeopardy does not apply if the trial court lacks the power to enter a verdict.

Proceedings & orders timeline

Nov 3, 2017
Petition for a writ of certiorari filed. (Response due December 8, 2017)
Dec 20, 2017
DISTRIBUTED for Conference of 1/5/2018.
Dec 22, 2017
Response Requested. (Due January 22, 2018)
Jan 22, 2018
Brief of respondent Audrey McDaniels in opposition filed.
Jan 22, 2018
Motion for leave to proceed in forma pauperis filed by respondent Audrey McDaniels.
Feb 7, 2018
DISTRIBUTED for Conference of 2/23/2018.
Feb 26, 2018
DISTRIBUTED for Conference of 3/2/2018.
Feb 27, 2018
Record Requested.
Mar 12, 2018
DISTRIBUTED for Conference of 3/16/2018.
Mar 13, 2018
Record received from U.S.C.A. for the 3rd Circuit (1 box of state court records). The remaining record is electronic and available on PACER.
Mar 20, 2018
Stipulation to dismiss the petition for a writ of certiorari pursuant to Rule 46 received.
Mar 26, 2018
Petition Dismissed - Rule 46.
Apr 10, 2018
Record returned to the U.S.C.A. for the 3rd Circuit (1 box of state court records).

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