Johnnie Franklin Wills v. Karen Pszczolkowski, Superintendent, Northern Correctional Facility
DueProcess HabeasCorpus JusticiabilityDoctri
Is a judicially crafted residual clause unconstitutional?
QUESTION PRESENTED Is a judicially crafted residual clause, which allows a life sentence to be imposed via a state recidivist statute only when certain underlying crimes meet the threshold of “(1) actual violence, (2) a threat of violence, or (3) substantial impact upon the victim such that harm results,” unconstitutional in light of this Court's holdings in Johnson v. United States, 576 U.S. 591, 135 S. Ct. 2551, 192 L. Ed. 2D 569 (2015); Sessions v. Dimaya, 584 U.S. __, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018), and United States v. Davis, __ U.S. __, 139 S. Ct. 2319, 204 L.Ed.2d 757 (2019)? i