No. 20-5157

Denard Stokeling v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-24
Status: Denied
Type: IFP
Relisted (3)IFP Experienced Counsel
Tags: armed-career-criminal-act circuit-split constitutional-error criminal-procedure due-process plea-bargaining plea-validity rehaif-v-united-states sentencing-enhancement violent-felony
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Whether a guilty plea entered without knowledge of the knowledge-of-status element is reversible error per se

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed that the plea was neither knowing nor voluntary because he was not told that knowledge-of-status is a crucial element of the offense, is such a plea entered in clear violation of the Due Process Clause reversible error per se, or must a defendant prove that he would not have pled had he been advised of the knowledge-of-status element? 2. Does a state robbery offense that may be committed by putting the victim “in fear” — which is judged by an objective “reasonable person” standard, and does not require proof that the offender subjectively intended to put the victim “in fear” — “have as an element the use, attempted use, or threatened use of physical force against the person of another” as is necessary for an offense to qualify as a “violent felony” under the Armed Career Criminal Act? i INTERESTED PARTIES There are no

Docket Entries

2021-06-21
Petition DENIED.
2021-06-16
Supplemental brief of petitioner Denard Stokeling filed. (Distributed)
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-11-02
Rescheduled.
2020-10-27
Reply of petitioner Denard Stokeling filed. (Distributed)
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-06
Brief of respondent United States of America filed.
2020-09-18
Motion to extend the time to file a response is granted and the time is further extended to and including October 23, 2020.
2020-09-16
Motion to extend the time to file a response from September 23, 2020 to October 23, 2020, submitted to The Clerk.
2020-08-19
Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2020.
2020-08-18
Motion to extend the time to file a response from August 24, 2020 to September 23, 2020, submitted to The Clerk.
2020-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

Denard Stokeling
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent