Supreme Court of the United States · Official docket →
Edward McCain v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 18-4723 · judgment September 10, 2020
Question presented
I. Whether an invalid conviction affects a criminal defendant’s substantial rights and must be vacated on plain error review, irrespective of whether he is subject to a concurrent sentence of equal or greater length, as this Court and all of the federal courts of appeals have held. II. Whether the Eighth Amendment requires a sentencing court to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.
Counsel of record
For petitioner
Eric Joseph Brignac
Office of the Federal Public Defender
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 04 2021Petition DENIED.
- Aug 05 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 03 2021Reply of petitioner Edward McCain filed. (Distributed)
- Jul 21 2021Brief of respondent United States in opposition filed.
- Jun 16 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2021.
- Jun 15 2021Motion to extend the time to file a response from June 21, 2021 to July 21, 2021, submitted to The Clerk.
- May 13 2021Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.
- May 12 2021Motion to extend the time to file a response from May 21, 2021 to June 21, 2021, submitted to The Clerk.
- Apr 21 2021Response Requested. (Due May 21, 2021)
- Apr 15 2021DISTRIBUTED for Conference of 4/30/2021.
- Apr 07 2021Waiver of right of respondent United States to respond filed.
- Mar 08 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2021)