No. 19-5944

Jerry D. Scott v. United States

Lower Court: Eighth Circuit
Docketed: 2019-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment 8th-circuit appeal certificate-of-appealability crime-of-violence criminal-justice criminal-procedure domestic-assault due-process eighth-circuit habeas-corpus legal-standard missouri-robbery sentencing violent-crime
Latest Conference: 2019-10-11
Question Presented (from Petition)

WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS ERRED IN NOT. GRANTING
A "CERTIFICATE OF APPEALABILITY" WHEN EVEN AFTER UNITED STATES
v. SWOPES , 892 F.3d 961 (8th Cir. 2018), THERE IS STILL
DEBATABILITY OVER WHETHER AN OFFENSE LIKE MISSOURI ROBBERY
SECOND DEGREE IS NECESSARILY A CRIME OF VIOLENCE?

WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS ERRED IN MAKING
THE ORIGINAL SENTENCE-ENHANCEMENT-RELIANCE UPON ORIGINAL
FINDINGS OF FACT REGARDING MR. SCOTT "S PRIOR DOMESTICE ASSAULT
CONVICTIONS?

Question Presented (AI Summary)

Whether the Eighth Circuit Court of Appeals erred in not granting a certificate of appealability

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-23
Waiver of right of respondent United States to respond filed.
2019-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2019)

Attorneys

Jerry D. Scott
Jerry Scott — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent