No. 20-7410

Edward McCain v. United States

Lower Court: Fourth Circuit
Docketed: 2021-03-11
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
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
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 BrignacOffice of the Federal Public Defender, Petitioner
Eric Joseph BrignacOffice of the Federal Public Defender, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent