No. 18-7443

Wallace Thornton v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-battery armed-career-criminal-act bodily-harm curtis-johnson-v-united-states elements-clause eleventh-circuit florida-battery statutory-interpretation violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether the Eleventh Circuit erroneously held that a Florida conviction for aggravated battery is a 'violent felony' under the elements clause of the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Eleventh Circuit erroneously held that a Florida conviction for aggravated battery is a “violent felony” under the elements clause of the Armed Career Criminal Act, 18 U.S.C. §924(e), because (1) the “touch or strike” element in the Florida battery and aggravated battery statutes is indivisible; (2) the “deadly weapon” element in the statute is overbroad; and/or (8) the alternative causation of bodily harm element is overbroad because it does not necessitate “violent force” under Curtis Johnson v. United States, 559 U.S. 133 (2010). i INTERESTED PARTIES There are no

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Waiver of right of respondent United States of America to respond filed.
2019-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 15, 2019)
2018-12-04
Application (18A577) granted by Justice Thomas extending the time to file until January 17, 2019.
2018-11-29
Application (18A577) to extend the time to file a petition for a writ of certiorari from December 18, 2018 to January 17, 2019, submitted to Justice Thomas.

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Wallace Thornton
Lori Ellen BarristFederal Public Defender, Petitioner
Lori Ellen BarristFederal Public Defender, Petitioner