No. 18-6005

Trayon L. Williams v. United States

Lower Court: Tenth Circuit
Docketed: 2018-09-17
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: appellate-procedure causation-element circuit-split claim-preservation criminal-procedure-waiver-forfeiture forfeiture preservation-of-issues preserved-claim standard-of-review sua-sponte-ruling violent-crime-definition violent-force-element waiver waiver-principles
Key Terms:
DueProcess
Latest Conference: 2019-01-04
Question Presented (from Petition)

I. When the government agrees that a claim was properly preserved below, can a court of appeals sua sponte hold the claim forfeited, then dismiss the claim as waived, or has the government "waived the waiver"?

II. If a crime has a causation-of-harm element, does it also necessarily have an element of violent force for purposes of classifying the crime as a violent crime?

Question Presented (AI Summary)

Whether a court of appeals can sua sponte hold a preserved claim forfeited and then dismiss it as waived when the government agrees the claim was properly preserved

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Reply of petitioner Trayon Williams filed.
2018-11-16
Brief of respondent United States in opposition filed.
2018-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2018.
2018-10-10
Motion to extend the time to file a response from October 17, 2018 to November 16, 2018, submitted to The Clerk.
2018-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2018)

Attorneys

Trayon Williams
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent