No. 18-8065

James Steven Maxwell v. United States

Lower Court: Tenth Circuit
Docketed: 2019-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act assault-and-battery categorical-analysis categorical-approach elements-clause force-standard mathis-standard mathis-v-united-states oklahoma-law taylor-precedent
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (from Petition)

does Taylor's holding, that Oklahoma's offense of assault and battery with a dangerous weapon meets the force standard in the elements clause (force capable of causing physical pain or injury), incorrectly apply Mathis v. United States, 136 S. Ct. 2243 (2016), which held that an overbroad offense cannot be divided during categorical analysis if the overbroad terms consist of means, where the Oklahoma offense can be committed by lightly touching another person with a sword cane, loaded cane, or hand chain?

Question Presented (AI Summary)

Does Taylor's holding that Oklahoma's offense of assault and battery with a dangerous weapon meets the force standard in the elements clause incorrectly apply Mathis v. United States?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-05
Waiver of right of respondent United States of America to respond filed.
2019-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

James Maxwell
Barron Lindsey DerryberryFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent