No. 18-6671

Jimmy David Malone v. United States

Lower Court: Sixth Circuit
Docketed: 2018-11-13
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: acca constitutional-interpretation criminal-law criminal-procedure due-process federal-court federalism generic-conviction state-courts state-statute statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the Constitution permits a federal court to conclude that a prior conviction is 'generic' for ACCA purposes based on an independent interpretation of an ambiguous state statute without first surveying state case law or certifying the question to the state supreme court

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Constitution permits a federal court to conclude that a prior conviction is “generic” for ACCA purposes based on an independent interpretation of an ambiguous state statute without first surveying state case law or certifying the question to the state supreme court. (i)

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-20
Reply of petitioner Jimmy David Malone filed. (Distributed)
2019-02-06
Brief of respondent United States in opposition filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2019.
2019-01-03
Motion to extend the time to file a response from January 7, 2019 to February 6, 2019, submitted to The Clerk.
2018-12-06
Response Requested. (Due January 7, 2019)
2018-11-29
DISTRIBUTED for Conference of 1/4/2019.
2018-11-20
Waiver of right of respondent United States to respond filed.
2018-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2018)
2018-09-20
Application (18A11) granted by Justice Kagan extending the time to file until November 9, 2018.
2018-09-18
Application (18A11) to extend further the time from October 10, 2018 to November 9, 2018, submitted to Justice Kagan.
2018-07-05
Application (18A11) granted by Justice Kagan extending the time to file until October 10, 2018.
2018-06-29
Application (18A11) to extend the time to file a petition for a writ of certiorari from September 10, 2018 to October 10, 2018, submitted to Justice Kagan.

Attorneys

Jimmy David Malone
Jeffrey T. GreenSidley Austin, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent