No. 19-6124

Jerry Scott Hill v. United States

Lower Court: Fourth Circuit
Docketed: 2019-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act assault breaking-and-entering certificate-of-appealability deadly-weapon fourth-circuit fourth-circuit-court-of-appeals johnson-v-united-states north-carolina-assault supreme-court violent-felony
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-11-08
Question Presented (AI Summary)

Whether the Fourth Circuit Court of Appeals erred in holding that North Carolina assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI) constitutes a violent felony under the Armed Career Criminal Act (ACCA), in light of the Supreme Court decision in Johnson v. United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN HOLDING THAT NORTH CAROLINA ASSAULT WITH A DEADLY WEAPON WITH INTENT TO KILL INFLICTING SERIOUS INJURY (AWDWIKISI) CONSTITUTES A VIOLENT FELONY UNDER THE ARMED CAREER CRIMINAL ACT (ACCA), IN LIGHT OF THE SUPREME COURT DECISION IN JOHNSON v. UNITED STATES. ll. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN REFUSING TO ALLOW A CERTIFICATE OF APPEALABILITY, IN FINDING THAT PETITIONER’S TWO PRIOR CONVICTIONS OF NORTH CAROLINA BREAKING OR ENTERING (B&E&L) WERE VIOLENT FELONIES UNDER ACCA BECAUSE THEY FIT THE GENERIC DEFINITION OF BURGLARY, AND IN DISMISSING THE APPEAL. ii

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-15
Waiver of right of respondent United States to respond filed.
2019-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2019)

Attorneys

Jerry Scott Hill
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent