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Jonathan Robert Tarver v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-17533 · judgment October 18, 2017
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and a petition filed soon after the judgment below.
Question presented
In Curtis Johnson v. United States, 559 U.S. 133, 140 (2010), this Court defined the term “physical force” in the elements clause of the Armed Career Criminal Act (ACCA) to mean “violent force – that is, force capable of causing pain or injury to another person.” In United States v. Castleman, 572 U.S. _, 134 S. Ct. 1405, 1413-14 (2014), the Court expressly left open the question of whether the causation of harm necessarily entails the use of “violent force.” In Turner v. Warden Coleman FCI, 709 F.3d 1328, 1341 (2013) the Eleventh Circuit held that a conviction under the Florida aggravated battery statute is a qualifying violent felony for purposes of the ACCA. However, below, the Eleventh Circuit recognized that Turner had been abrogated on other grounds by Samuel Johnson v. United States, 135 S. Ct. 2551 (2015) and that Turner’s validity had been called into question in light of other more recent Supreme Court cases. The question presented is: 1. Under Curtis Johnson, Samuel Johnson, Descampus v. United States, 133 S. Ct. 2276 (2013) and other cases currently before this Court is the Eleventh Circuit’s holding in Turner valid and/or does the causation of great bodily harm necessarily entail the use of “violent force”?
Counsel of record
For petitioner
Joel DeFabio
DeFabio Beckham Solis
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 20, 2018 · Certiorari denied
Proceedings
- Feb 20 2018Petition DENIED.
- Jan 31 2018DISTRIBUTED for Conference of 2/16/2018.
- Jan 26 2018Waiver of right of respondent United States to respond filed.
- Jan 16 2018Petition for a writ of certiorari filed. (Response due February 20, 2018)