No. 20-348

Gregory Shawn Mercer v. E. A. Vega

Lower Court: Fourth Circuit
Docketed: 2020-09-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: circuit-split criminal-law criminal-procedure due-process guarantee-clause jury-trial sentencing statutory-interpretation summary-judgment supreme-clause
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

SCOTUS Rule 10(a) - Whether or not a Circuit Split has arisen between the Fourth Circuit and other Circuits over the interpretation of whether crimes allegedly "committed on occasions different from one another " [See 18 U.S.C. §924(e)(l)] become simultaneous crimes if the directly-associated arrest warrants for those sequential alleged crimes were sworn out and/or served simultaneously.

SCOTUS Rule 10(a) - Whether or not a Circuit Split has arisen between the Fourth Circuit and both this SCOTUS and the Fourth Circuit itself over the Federal Court Practice (FRCP Rule 56; U.S. Amendment VII Right to Trial by Jury) of viewing all facts in a Summary Judgment Proceeding and drawing any justifiable inferences from those facts in the light most favorable to the non-moving party when deciding if there exists genuine issues as to any material fact requiring a Trial by Jury.

SCOTUS Rule 10(c) - [Petitioner] moves this [SCOTUS] as he did the [VAED & Fourth Circuit] for a Declaratory Judgment that Virginia is in violation of the U.S. Guarantee Clause so [the U.S.] Congress might act by applying the U.S. Guarantee Clause against Virginia 's 1971 Constitution of Virginia, Article VI which establishes an Unrepublican Form of Government because Sections 1 & 2 are in violation of the U.S. Supremacy Clause and Section 7 is in violation of Duncan v. McCall. 139 U.S. 449, 461, 11 S.Ct. 573, 577 (1891).

Question Presented (AI Summary)

Whether a Circuit Split has arisen over the interpretation of 18 U.S.C. §924(e)(1) regarding simultaneous crimes

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
2020-11-09
Petition DENIED.
2020-10-21
DISTRIBUTED for Conference of 11/6/2020.
2020-09-28
Waiver of right of respondents E. A. Vega; The Honorable Mark Herring to respond filed.
2020-07-02
Petition for a writ of certiorari filed. (Response due October 15, 2020)

Attorneys

E. A. Vega; The Honorable Mark Herring
Toby Jay HeytensOffice of the Attorney General, Respondent
Gregory S. Mercer
Gregory Shawn Mercer — Petitioner