No. 20-7107

Jimmy Richard Husband v. J. Ray Ormond, Warden

Lower Court: Fourth Circuit
Docketed: 2021-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-review criminal-conviction criminal-procedure due-process fundamental-defect retroactive-effect retroactivity sentencing statutory-interpretation substantive-rule
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether NELSON V. COLORADO, 137 S. Ct. 1249 (2018), announced a new substantive rule, narrowing the language and scope of 18 USC Sect. 3661, that has retroactive effect on collateral review

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether NELSON V. COLORADO, 137 S. Ct. 1249 (2018), announced a new substantive rule, narrowing the language and scope of 18 USC Sect. 3661, that has retroactive effect on collateral review. 2. Whether this retroactive change now presents an error in petitioners conviction and sentence sufficiently grave to be deemed a fundamental defect. i

Docket Entries

2021-03-22
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent J. Ray Ormond, Warden to respond filed.
2021-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2021)

Attorneys

J. Ray Ormond, Warden
Elizabeth B. PrelogarActing Solicitor General, Respondent
Jimmy Richard Husband
Jimmy R. Husband — Petitioner