Supreme Court of the United States · Official docket →
Jorge Avila Torrez v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 14-1 · judgment August 28, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
A defendant convicted of murder in federal court is eligible for a death sentence only if the jury finds one of the aggravating factors in 18 U.S.C. §3592(c). A jury found Jorge Avila Torrez eligible for the death penalty on the basis of two such aggravators: that he had “previously been convicted of a … State offense … involving the use or attempted or threatened use of a firearm… against another person,” id. §3592(c)(2), and that he had “previously been convicted of 2 or more … State offenses, … committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury or death upon another person,” id. §3592(c)(4). To prove those aggravators, the government relied on convictions for crimes that occurred after the capital offense. This case presents two questions about the prior-conviction aggravators:
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Does the categorical approach set forth in Taylor v. United States, 495 U.S. 575 (1990), and its progeny apply in determining whether a defendant has “previously been convicted” of a relevant offense?
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Can the prior-conviction aggravators be satisfied by convictions for conduct that occurred after the capital offense? This petition also presents a third question, currently pending before the Court in Carpenter v. United States, No. 16-402:
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Does the warrantless seizure and search of historical cell-site location information, revealing a cellphone user’s location and movement over a prolonged period of time, violate the Fourth Amendment? (i)
Counsel of record
For petitioner
Danielle Mary Spinelli
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Jun 17 2019Petition DENIED.
- May 28 2019DISTRIBUTED for Conference of 6/13/2019.
- May 28 2019Reply of petitioner Jorge Avila Torrez filed. (Distributed)
- May 08 2019Brief of respondent United States in opposition filed.
- Apr 05 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 8, 2019.
- Apr 04 2019Motion to extend the time to file a response from April 8, 2019 to May 8, 2019, submitted to The Clerk.
- Mar 05 2019Motion to extend the time to file a response is granted and the time is further extended to and including April 8, 2019.
- Mar 04 2019Motion to extend the time to file a response from March 7, 2019 to April 8, 2019, submitted to The Clerk.
- Jan 14 2019Motion to extend the time to file a response from January 14, 2019 to March 7, 2019, submitted to The Clerk.
- Jan 14 2019Motion to extend the time to file a response is granted and the time is furhter extended to and including March 7, 2019.
- Dec 13 2018Motion to extend the time to file a response is granted and the time is further extended to and including January 14, 2019.
- Dec 12 2018Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
- Oct 24 2018Motion to extend the time to file a response is granted and the time is further extended to and including December 13, 2018.
- Oct 23 2018Motion to extend the time to file a response from October 24, 2018 to December 13, 2018, submitted to The Clerk.
- Sep 21 2018Motion to extend the time to file a response is granted and the time is further extended to and including October 24, 2018.
- Sep 20 2018Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
- Aug 23 2018Motion to extend the time to file a response from August 24, 2018 to September 24, 2018, submitted to The Clerk.
- Aug 23 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 24, 2018.
- Jul 23 2018Motion to extend the time to file a response is granted and the time is further extended to and including August 24, 2018.
- Jul 20 2018Motion to extend the time to file a response from July 25, 2018 to August 24, 2018, submitted to The Clerk.
- Jun 22 2018Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2018.
- Jun 21 2018Motion to extend the time to file a response from June 25, 2018 to July 25, 2018, submitted to The Clerk.
- May 16 2018Motion to extend the time to file a response is granted and the time is further extended to and including June 25, 2018.
- May 15 2018Motion to extend the time to file a response from May 25, 2018 to June 25, 2018, submitted to The Clerk.
- Apr 11 2018Motion to extend the time to file a response is granted and the time is further extended to and including May 25, 2018.
- Apr 10 2018Motion to extend the time to file a response from April 25, 2018 to May 25, 2018, submitted to The Clerk.
- Mar 21 2018Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2018.
- Mar 20 2018Motion to extend the time to file a response from March 26, 2018 to April 25, 2018, submitted to The Clerk.
- Feb 22 2018Petition for a writ of certiorari filed. (Response due March 26, 2018)
- Nov 30 2017Application (17A567) granted by The Chief Justice extending the time to file until February 22, 2018.
- Nov 21 2017Application (17A567) to extend the time to file a petition for a writ of certiorari from December 24, 2017 to February 22, 2018, submitted to The Chief Justice.