Jerry Scott Hill v. United States
DueProcess HabeasCorpus Punishment
I. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN
HOLDING THAT NORTH CAROLINA ASSAULT WITH A DEADLY
WEAPON WITH INTENT TO KILL INFLICTING SERIOUS INJURY
(AWDWIKISI) CONSTITUTES A VIOLENT FELONY UNDER THE
ARMED CAREER CRIMINAL ACT (ACCA), IN LIGHT OF THE SUPREME
COURT DECISION IN JOHNSON v. UNITED STATES.
II. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN
REFUSING TO ALLOW A CERTIFICATE OF APPEALABILITY, IN
FINDING THAT PETITIONER'S TWO PRIOR CONVICTIONS OF NORTH
CAROLINA BREAKING OR ENTERING (B&E&L) WERE VIOLENT
FELONIES UNDER ACCA BECAUSE THEY FIT THE GENERIC
DEFINITION OF BURGLARY, AND IN DISMISSING THE APPEAL.
Whether the Fourth Circuit Court of Appeals erred in holding that North Carolina assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI) constitutes a violent felony under the Armed Career Criminal Act (ACCA), in light of the Supreme Court decision in Johnson v. United States