No. 18-6862

John Thomas v. United States

Lower Court: Seventh Circuit
Docketed: 2018-11-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-interpretation criminal-procedure johnson-standard johnson-v-united-states plain-error standard-of-review time-of-appeal time-of-law unsettled-law
Key Terms:
FourthAmendment
Latest Conference: 2019-01-04
Question Presented (AI Summary)

When the governing law is unsettled at the time of trial but settled-in defendant's favor by the time of appeals, should an appellate court reviewing for plain error apply the time-of-appeal standard of Johnson v. United States, 520 U.S. 461 (1997)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; (1) When the governing law is unsettled at the time of trial but settled-in defendant's favor by the time of appeals. See: Carpenter v. United States, 137 S.Ct. 2211. Should an : appellate court reviewing for plain error apply the timeof-appeal standard of Johnson v. United States, 520 U.S. 461 (1997); also see: Henderson v. United States, 568 U.S. 266, 272 (2013); q + v ‘ a o " ia

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-07
Waiver of right of respondent United States to respond filed.
2018-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)

Attorneys

John Thomas
John Thomas — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent