No. 18-30

Gary Jefferson Byrd v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-05
Status: Denied
Type: Paid
Response Waived
Tags: actual-innocence coram-nobis due-process equitable-approach federal-criminal-procedure harmless-error judicial-equity laches legal-standard morgan-decision procedural-delay statute-of-limitations time-delay writ-of-error writ-of-error-coram-nobis
Latest Conference: 2018-09-24
Question Presented (from Petition)

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?

Question Presented (AI Summary)

actual-innocence,coram-nobis,due-process,federal-criminal-procedure,harmless-error,statute-of-limitations

Docket Entries

2018-10-01
Petition DENIED.
2018-07-18
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-03-23
Petition for a writ of certiorari filed. (Response due August 6, 2018)
2018-02-14
Application (17A867) granted by Justice Alito extending the time to file until March 30, 2018.
2018-02-06
Application (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.

Attorneys

Gary Jefferson Byrd
Gary Byrd — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent