aggravated-battery

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5933 Samuel Lee Lynch v. United States Eleventh Circuit 2023-11-01 Denied Response WaivedIFP aggravated-battery constitutional-challenge criminal-law criminal-sentencing due-process johnson-v-united-states residual-clause statutory-interpretation vagueness violent-felony 1. Whether 18 U.S.C. § 3559(¢)(1)'s residual clause is unconstitutional in light of This Court's opinions in Dimaya and Johnson? 2. Whether Florida's…
21-7122 Thomas Warner v. Illinois Illinois 2022-02-15 Denied IFP aggravated-battery criminal-conviction criminal-procedure due-process evidence evidentiary-sufficiency firearm-discharge jury-instructions sentencing state-testimony witness-credibility Whether Thomas Warner's convictions for Aggravated Battery with Discharge of a Firearm should be reversed where they were not supported by credible te…
21-6118 Kevin Folse v. United States Tenth Circuit 2021-10-28 Denied Response WaivedIFP aggravated-battery bodily-injury circuit-split crime-of-violence criminal-law new-mexico sentencing-guidelines statutory-interpretation unlawful-force violent-crime New Mexico courts have held that the state's aggravated battery statute can be violated by unlawful touching alone. Unlawful touch that results in bod…
19-6128 Bacari McCarthren v. United States Eleventh Circuit 2019-10-02 Denied Response WaivedRelisted (2)IFP aggravated-battery categorical-approach crime-of-violence deadly-weapon descamps descamps-v-united-states mathis physical-force sentencing-guidelines statutory-interpretation turner The Florida crime of aggravated battery may qualify as a crime of violence under Section 4B1.2 of the United States Sentencing Guidelines only if the …
18-7443 Wallace Thornton v. United States Eleventh Circuit 2019-01-16 Denied Response WaivedIFP aggravated-battery armed-career-criminal-act bodily-harm curtis-johnson-v-united-states elements-clause eleventh-circuit florida-battery statutory-interpretation violent-felony Whether the Eleventh Circuit erroneously held that a Florida conviction for aggravated battery is a 'violent felony' under the elements clause of the …
18-7232 Arthur Sanchez v. United States Tenth Circuit 2019-01-04 Denied IFP aggravated-assault aggravated-battery armed-career-criminal-act elements-clause force force-clause johnson-definition mens-rea physical-force state-appellate-courts state-robbery victim-resistance violent-felony Whether a state robbery offense that includes overcoming victim resistance by use of force is a violent felony under the Armed Career Criminal Act's e…
18-6816 Vicente Garcia v. United States Seventh Circuit 2018-11-26 Denied Response WaivedIFP aggravated-battery constitutional-rights criminal-conviction criminal-procedure criminal-procedure-ineffective-assistance-of-couns ineffective-assistance ineffective-assistance-of-counsel johnson-precedent johnson-v-united-states sentencing-guidelines sixth-amendment Whether the Seventh Circuit Court of Appeals erred in its holding that Garcia had failed to show a denial of his constitutional Sixth Amendment rights
18-6594 Willie Safford, Jr. v. Florida Florida 2018-11-07 Denied IFP aggravated-battery civil-rights criminal-procedure due-process perjury polygraph polygraph-test post-conviction-relief witness-testimony Whether the defendant should be allowed to return to the lower tribunal to challenge the testimony of Rodney Hartmyer, Jerry Gay, and Robert Schran
18-5048 John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2018-06-29 Denied Response WaivedIFP aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment