Supreme Court of the United States · Official docket →
Roshawn Deon Joiner, aka Shon Joiner v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 18-50136 · judgment November 6, 2020
Question presented
Does the “use of force” clause in the Armed Career Criminal Act (the “ACCA”), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness? 1 1 This same question is before the Court in Borden v. United States, No. 19-5410 (argued Nov. 3, 2020). Borden involves the Tennessee robbery statute which, like the Texas robbery statute, Tex. Penal Code Ann. § 29.02, includes a mens rea of recklessness. Thus, the Court’s decision in Borden likely will be dispositive of Joiner’s petition for writ of certiorari. Accordingly, Joiner’s petition should be held pending the Court’s resolution of Borden, and then disposed of as appropriate in light of the decision in that case.
Counsel of record
For petitioner
Bradford Wayne Bogan
Federal Public Defender for the Western District o
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 05 2021JUDGMENT ISSUED.
- Oct 04 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Borden v. United States, 593 U. S. ___ (2021).
- Jun 24 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 09 2021Memorandum of respondent United States of America filed.
- May 05 2021Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2021.
- May 04 2021Motion to extend the time to file a response from May 10, 2021 to June 9, 2021, submitted to The Clerk.
- Apr 05 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2021)