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James Walker v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-5782, 17-5783 · judgment April 16, 2019

Certiorari granted · November 15, 2019
Pre-decision estimate: 14% cert probability (95% interval 10%–21%)

Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a criminal offense that can be committed with a mens rea of recklessness can qualify as a ''violent felony" under the Armed Career Criminal Act, 18 U.S.C. 924(e).

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
6 merits
(6 supporting pet./neither)

Proceedings

  1. Jan 27 2020
    It appearing that petitioner died on January 22, 2020, the petition for a writ of certiorari is DISMISSED.
  2. Jan 23 2020
    Response to suggestion of death filed by the Solicitor General. (Distributed)
  3. Jan 22 2020
    Suggestion of death filed by counsel for petitioner. (Distributed)
  4. Jan 13 2020
    Brief amicus curiae of FAMM filed.
  5. Jan 13 2020
    Motion of The National Association of Federal Defenders for leave to file amicus brief not accepted for filing. (January 15, 2020 - corrected version submitted)
  6. Jan 13 2020
    Brief amicus curiae of The National Association of Federal Defenders filed.
  7. Jan 13 2020
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  8. Jan 13 2020
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  9. Jan 13 2020
    Brief amici curiae of American Immigration Council, et al., filed.
  10. Jan 13 2020
    Brief amici curiae of Law Professors filed.
  11. Jan 13 2020
    Motion for leave to file amicus brief filed by National Association for Public Defense.
  12. Jan 06 2020
    Brief of petitioner James Walker filed.
  13. Dec 16 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  14. Dec 05 2019
    Blanket Consent filed by Petitioner, James Walker
  15. Dec 05 2019
    Motion to dispense with printing the joint appendix filed by petitioner James Walker.
  16. Dec 05 2019
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 6, 2020. The time to file respondent's brief on the merits is extended to and including February 12, 2020.
  17. Nov 19 2019
    Motion for an extension of time to file the briefs on the merits filed.
  18. Nov 15 2019
    Petition GRANTED.
  19. Nov 12 2019
    DISTRIBUTED for Conference of 11/15/2019.
  20. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  21. Oct 22 2019
    Waiver of the 14-day waiting period under Rule 15.5 filed.
  22. Oct 21 2019
    Brief of respondent United States of America filed.
  23. Sep 19 2019
    Petition for a writ of certiorari filed. (Response due October 21, 2019)