No. 21-5604

Daniel Chase Harris v. United States

Lower Court: Fourth Circuit
Docketed: 2021-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3261 18-usc-7 circuit-split civilian-jurisdiction due-process extraterritorial-jurisdiction federal-criminal-law military-jurisdiction statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether U.S. military or civilian courts have exclusive jurisdiction of service members for their overseas conduct on foreign U.S. military installations

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1) Whether U.S. military or civilian courts have exclusive jurisdiction of service members for their overseas conduct on foreign U.S. military installations based on the passage of 18 U.S.C. §7(9) and subsequent incorporation of 18 U.S.C. §3261(a)&(d) and whether the Fourth Circuit's previous interpretation of 18 U.S.C. §7(3) in U.S. v. Erdos, 474 F.2d 157 (4th Cir. 1973) is no longer good law in light of Congress enacting 18 U.S.C. §7(9), which it squarely failed to rule on in Harris’ case, depriving him of Due Process. 2) Whether the Fourth Circuit's decision in Erdos has created such a split and lack of uniformity in the interpretation of 18 U.S.C. §7(9) vs. 18 U.S.C. §7(3) between many circuits and between these circuits and military courts that it needs to be overturned in favor of the more recent 18 U.S.C. §7(9). i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-16
Waiver of right of respondent United States to respond filed.
2021-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Daniel Chase Harris
Daniel C. Harris — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent