Jerry Scott Hill v. United States
DueProcess HabeasCorpus Punishment
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
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