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Gary Jefferson Byrd v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-31244 · judgment September 26, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In an application for a writ of error coram nobis should it be denied based on an unintentional time delay (where laches was not an issue) and the delay allowed to prevail over fairness and equity in a claim of actual innocence where the time delay was - harmless? In the more than 60 years since the Morgan decision, ambiguity has arisen as to the scope of the writ and circuits have issued varying guidelines as to the proper application. Should a consistent and equitable approach be delineated by the Court?
Counsel of record
For petitioner
Gary Byrd
For respondent
Noel John Francisco
Jones Day
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 18 2018DISTRIBUTED for Conference of 9/24/2018.
- Jul 12 2018Waiver of right of respondent United States to respond filed.
- Mar 23 2018Petition for a writ of certiorari filed. (Response due August 6, 2018)
- Feb 14 2018Application (17A867) granted by Justice Alito extending the time to file until March 30, 2018.
- Feb 06 2018Application (17A867) to extend the time to file a petition for a writ of certiorari from February 28, 2018 to March 30, 2018, submitted to Justice Alito.