No. 18-7037
Gerald L. Smith v. United States
Response WaivedIFP
Tags: circuit-court civil-procedure civil-procedure-rule-60b-6 criminal-law district-court due-process eighth-circuit habeas-corpus johnson-ii johnson-v-united-states judicial-procedure retroactivity rule-60b sentencing welch-v-united-states
Latest Conference:
2019-01-11
Question Presented (from Petition)
WHETHER THE DISTRICT COURT AND EIGHTH CIRCUIT ERRED IN DENYING PETITIONER'S TRUE RULE 60(B) (6), WHEN THE DISTRICT COURT FAILED TO ADDRESS PETITIONER'S JOHNSON IIs CLAIM, BECAUSE WELCH HAD NOT BEEN RENDERED ON WHETHER JOHNSON II APPLIED RETROACTIVELY
Question Presented (AI Summary)
Whether the district court and Eighth Circuit erred in denying petitioner's true Rule 60(b)(6) motion, when the district court failed to address petitioner's Johnson II claim because Welch had not been rendered on whether Johnson II applied retroactively
Docket Entries
2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent United States to respond filed.
2018-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)
Attorneys
Gerald L. Smith
Gerald L. Smith — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent