No. 18-30

Gary Jefferson Byrd v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-05
Status: Denied
Type: Paid
Response Waived
Tags: actual-innocence coram-nobis due-process equitable-approach federal-criminal-procedure harmless-error judicial-equity laches legal-standard morgan-decision procedural-delay statute-of-limitations time-delay writ-of-error writ-of-error-coram-nobis
Key Terms:
HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

actual-innocence,coram-nobis,due-process,federal-criminal-procedure,harmless-error,statute-of-limitations

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) In an application for a writ of error coram nobis should it be denied based on an unintentional time delay (where laches was not an issue) and the de-° ; lay allowed to prevail over fairness and equity in a : claim of actual innocence — where the time delay was harmless? : (2) In the more than 60 years since the Morgan _ decision, ambiguity has arisen as to the scope of the writ and circuits have issued varying guidelines as to the proper application. Should a consistent and equitable approach be delineated by the Court? : ii ; ‘

Docket Entries

2018-10-01
Petition DENIED.
2018-07-18
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-03-23
Petition for a writ of certiorari filed. (Response due August 6, 2018)
2018-02-14
Application (17A867) granted by Justice Alito extending the time to file until March 30, 2018.
2018-02-06
Application (17A867) to extend the time to file a petition for a writ of certiorari from February 28, 2018 to March 30, 2018, submitted to Justice Alito.

Attorneys

Gary Jefferson Byrd
Gary Byrd — Petitioner
Gary Byrd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent