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United States v. Dominic Ladale Walton

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-10199 · judgment November 27, 2018


GVR'd · November 25, 2019
Pre-decision estimate: 26% cert probability (95% interval 19%–34%)

Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.

Question presented

Whether a state offense that criminalizes continued unpermitted presence in a dwelling following the formation of intent to commit a crime has “the basic elements of unlawful * * * remaining in * * * a building or structure, with intent to commit a crime,” Taylor v. United States, 495 U.S. 575, 599 (1990), thereby qualifying as “burglary” under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(2)(B)(ii). (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Kevin Joel Page
Federal Public Defenders Office NDTX

Case

Conference history
Distributed for 2 conferences

Linked docket
18A1315

Proceedings

  1. Dec 27 2019
    JUDGMENT ISSUED.
  2. Nov 25 2019
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  3. Nov 25 2019
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Quarles v. United States, 587 U.S. ___ (2019).
  4. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  5. Nov 04 2019
    Reply of petitioner United States of America filed.
  6. Oct 21 2019
    Brief of respondent Dominic Ladale Walton in opposition filed.
  7. Oct 21 2019
    Motion for leave to proceed in forma pauperis filed by respondent Dominic Ladale Walton.
  8. Sep 20 2019
    Response Requested. (Due October 21, 2019)
  9. Sep 18 2019
    DISTRIBUTED for Conference of 10/11/2019.
  10. Jul 31 2019
    Petition for a writ of certiorari filed. (Response due September 3, 2019)
  11. Jun 20 2019
    Application (18A1315) to extend the time to file a petition for a writ of certiorari from July 1, 2019 to July 31, 2019, submitted to Justice Alito.
  12. Jun 20 2019
    Application (18A1315) granted by Justice Alito extending the time to file until July 31, 2019.