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Stokeling v. United States

Docket No.17-5554
Op. Below11th Cir.
ArgumentOct 9, 2018

Holding

The Armed Career Criminal Act's elements clause encompasses a robbery offense that, like Florida's law, requires the criminal to overcome the victim's resistance.

Judgment

Affirmed, 5-4, in an opinion by Clarence Thomas on Jan 15, 2019. Justice Sotomayor filed a dissenting opinion, in which Chief Justice Roberts and Justices Ginsburg and Kagan joined.

Proceedings & orders timeline

Jun 6, 2017
Application (16A1211) to extend the time to file a petition for a writ of certiorari from July 5, 2017 to August 4, 2017, submitted to Justice Thomas.
Jun 12, 2017
Application (16A1211) granted by Justice Thomas extending the time to file until August 4, 2017.
Aug 4, 2017
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2017)
Aug 16, 2017
Waiver of right of respondent United States to respond filed.
Aug 24, 2017
DISTRIBUTED for Conference of 9/25/2017.
Aug 29, 2017
Supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Aug 31, 2017
Second supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Sep 12, 2017
Response Requested. (Due October 12, 2017)
Oct 4, 2017
Order extending time to file response to petition to and including November 13, 2017.
Nov 8, 2017
Order further extending time to file response to petition to and including December 13, 2017.
Dec 13, 2017
Brief of respondent United States in opposition filed.
Dec 27, 2017
Reply of petitioner Denard Stokeling filed.
Mar 1, 2018
DISTRIBUTED for Conference of 3/16/2018.
Mar 7, 2018
Third supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Mar 19, 2018
DISTRIBUTED for Conference of 3/23/2018.
Mar 19, 2018
Fourth supplemental brief of petitioner Denard Stokeling filed. (Distributed)
Mar 26, 2018
DISTRIBUTED for Conference of 3/29/2018.
Apr 2, 2018
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Apr 24, 2018
Motion for an extension of time to file the briefs on the merits filed.
Apr 24, 2018
Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 11, 2018. The time to file respondent's brief on the merits is extended to and including August 3, 2018.
Jun 11, 2018
Joint appendix filed. (Statement of costs filed)
Jun 11, 2018
Brief of petitioner Denard Stokeling filed.
Jun 18, 2018
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Jul 9, 2018
SET FOR ARGUMENT On Tuesday, October 9, 2018
Aug 3, 2018
Brief of respondent United States filed. (Distributed)
Aug 3, 2018
CIRCULATED
Aug 7, 2018
Record requested from the U.S.C.A. 11th Circuit.
Aug 7, 2018
Record received from the U.S.D.C. Southern Dist. of FL. (Miami). The record is electronic.
Aug 14, 2018
Record received from the U.S.D.C. Southern District of Florida. 1 envelope, the record is SEALED.
Sep 4, 2018
Reply of petitioner Denard Stokeling filed. (Distributed)
Oct 9, 2018
Argued. For petitioner: Brenda G. Bryn, Ft. Lauderdale, Fla. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 15, 2019
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Breyer, Alito, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Roberts, C. J., and Ginsburg and Kagan, JJ., joined.
Feb 19, 2019
JUDGMENT ISSUED.

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