No. 20-7410
Edward McCain v. United States
Tags: case-remand certiorari concurrent-sentences criminal-procedure eighth-amendment fourth-circuit-judgment jones-v-mississippi judicial-review juvenile-offenders plain-error sentencing supreme-court-procedure
Key Terms:
Punishment HabeasCorpus
Punishment HabeasCorpus
Latest Conference:
2021-09-27
(distributed 2 times)
Question Presented (AI Summary)
Whether an invalid conviction affects a criminal defendant's substantial rights and must be vacated on plain error review
Question Presented (OCR Extract)
QUESTIONS PRESENTED L. Whether an invalid conviction affects a criminal defendant’s substantial rights and must be vacated on plain error review, irrespective of whether he is subject to a concurrent sentence of equal or greater length, as this Court and all of the federal courts of appeals have held. I. Whether the Eighth Amendment requires a sentencing court to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole. ii LIST OF ALL DIRECTLY
Docket Entries
2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-08-03
Reply of petitioner Edward McCain filed. (Distributed)
2021-07-21
Brief of respondent United States in opposition filed.
2021-06-16
Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2021.
2021-06-15
Motion to extend the time to file a response from June 21, 2021 to July 21, 2021, submitted to The Clerk.
2021-05-13
Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.
2021-05-12
Motion to extend the time to file a response from May 21, 2021 to June 21, 2021, submitted to The Clerk.
2021-04-21
Response Requested. (Due May 21, 2021)
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-04-07
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)
Attorneys
Edward McCain
Eric Joseph Brignac — Office of the Federal Public Defender, Petitioner
Eric Joseph Brignac — Office of the Federal Public Defender, Petitioner
United States
Brian H. Fletcher — Acting Solicitor General, Respondent
Brian H. Fletcher — Acting Solicitor General, Respondent