No. 21-6826
Todd Stands Alone v. United States
Amici (1)IFP
Tags: assault circuit-split common-law-assault conviction criminal-law due-process federal-law federal-statute statutory-interpretation
Key Terms:
DueProcess
DueProcess
Latest Conference:
2022-05-12
Question Presented (AI Summary)
Whether common-law simple assault is an essential element of 18 U.S.C. § 111(b)
Question Presented (from Petition)
QUESTION PRESENTED In 18 U.S.C. § 111, Congress set out one misdemeanor and two felony offenses. Seven courts of appeals are split over whether § 111 requires proof of common-law simple assault for each of its offenses. Three circuits hold that it does; four circuits hold that it does not. Petitioner Todd Stands Alone was convicted of violating § 111(b) based on non-assaultive conduct. This petition asks: Is common-law simple assault an essential element of § 111(b)? i
Docket Entries
2022-05-16
Petition DENIED.
2022-04-27
DISTRIBUTED for Conference of 5/12/2022.
2022-04-26
Reply of petitioner Todd Stands Alone filed. (Distributed)
2022-04-13
Brief of respondent United States in opposition filed.
2022-03-08
Motion to extend the time to file a response is granted and the time is further extended to and including April 13, 2022.
2022-03-04
Motion to extend the time to file a response from March 14, 2022 to April 13, 2022, submitted to The Clerk.
2022-02-11
Brief amici curiae of Professor Stephen Smith, et al. filed.
2022-02-02
Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
2022-02-01
Motion to extend the time to file a response from February 11, 2022 to March 14, 2022, submitted to The Clerk.
2021-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2022)
2021-11-09
Application (21A140) granted by Justice Barrett extending the time to file until January 3, 2022.
2021-11-04
Application (21A140) to extend the time to file a petition for a writ of certiorari from November 21, 2021 to January 5, 2022, submitted to Justice Barrett.
Attorneys
Professor Stephen Smith, Professor Hadar Aviram, Professor John Burkoff and the National Association of Criminal Defense Lawyers
Todd Stands Alone
Jessica Arden Ettinger — Federal Defender Services of Wisconsin, Petitioner
Jessica Arden Ettinger — Federal Defender Services of Wisconsin, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent