No. 19-7780

Frank Harper v. United States

Lower Court: Sixth Circuit
Docketed: 2020-02-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 18-USC-924(c) 18-usc-924c carjacking-by-intimidation collateral-review consecutive-sentences criminal-procedure dean-v-united-states ineffective-assistance ineffective-assistance-of-counsel Predicate-Offense retroactivity sentencing-guidelines statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-06-25 (distributed 2 times)
Question Presented (AI Summary)

Whether Harper was denied effective assistance of counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW L A. Should certiorari be granted to determine whether Harper was denied the effective assistance of counsel for the failure to challenge on appeal and via a petition for certiorari the district court’s refusal to consider the statutorily mandated consecutive sentences for Harper’s 18 U.S.C. §924(c) convictions when fashioning the sentences for his predicate offense convictions in light of his similarly situated co-defendants obtaining relief after raising the same issue on appeal and in the Supreme Court due to the foreshadowing of this Court’s decision in Dean v. United States, 581 U.S. __, 187 S.Ct. 1170 (2017)? B. Should certiorari be granted to determine whether Dean v. United States, 581 U.S. _, 187 S.Ct. 1170 (2017), announced a new rule of rule retroactively applicable on collateral review? I. Should certiorari be granted to address whether a conviction for carjacking by “intimidation” qualifies as a predicate offense under the “force” or “elements” clause of 18 U.S.C. §924(c)(3)(A)? i LIST OF

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-06-09
Reply of petitioner Frank Harper filed. (Distributed)
2020-05-27
Brief of respondent United States of America in opposition filed.
2020-05-06
Motion to extend the time to file a response is granted and the time is further extended to and including May 27, 2020.
2020-05-05
Motion to extend the time to file a response from May 22, 2020 to May 27, 2020, submitted to The Clerk.
2020-04-20
Motion to extend the time to file a response is granted and the time is extended to and including May 22, 2020.
2020-04-17
Motion to extend the time to file a response from April 22, 2020 to May 22, 2020, submitted to The Clerk.
2020-03-23
Response Requested. (Due April 22, 2020)
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-03
Waiver of right of respondent United States of America to respond filed.
2020-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2020)

Attorneys

Frank Harper
Dennis J. ClarkClark Law Firm PLLC, Petitioner
Dennis J. ClarkClark Law Firm PLLC, Petitioner
United States of America
Jeffrey Bryan WallActing Solicitor General, Respondent
Jeffrey Bryan WallActing Solicitor General, Respondent