No. 19-6296

Michael Holmes v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-17
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: armed-career-criminal-act bright-line-rule burglary-statute curtilage fourth-amendment fourth-amendment-search-and-seizure implied-license knock-and-talk no-trespassing-sign property-rights reasonable-expectation-of-privacy reasonable-person-test
Key Terms:
FourthAmendment DueProcess
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (from Petition)

(1) Herewith, then, the issue presented is whether the Eleventh Circuit Court of Appeals violated this Court's Fourth Amendment precedence and committed reversible error by endorsing a bright-line rule to answer the question of how a homeowner may ever properly revoke the implied license to enter one's property and approach the front door. Asked differently, what is reasonably required of a private homeowner to successfully revoke any implied license or permission to enter one's property under the Fourth Amendment?

(2) As a second question, Mr. Holmes received an enhanced sentence under the Armed Career Criminal Act (the ACCA) because he suffered from a 1997 Georgia state burglary conviction. In that there is a squarely-framed circuit split addressing this state statute between the Fourth, Sixth, and Eleventh Circuits, the question presented here is whether Georgia's burglary statute from which Mr. Holmes was previously convicted is a non-generic, indivisible statute, and as such any violation can never categorically qualify as a "violent felony" for purposes of the ACCA.

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals violated this Court's Fourth Amendment precedence and committed reversible error by endorsing a bright-line rule to answer the question of how a homeowner may ever properly revoke the implied license to enter one's property and approach the front door

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-19
Reply of petitioner Michael Holmes filed.
2020-02-12
Brief of respondent United States of America in opposition filed.
2020-01-03
Motion to extend the time to file a response from January 13, 2020 to February 12, 2020, submitted to The Clerk.
2020-01-03
Motion to extend the time to file a response is granted and the time is further extended to and including February 12, 2020.
2019-12-05
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2020.
2019-12-04
Motion to extend the time to file a response from December 12, 2019 to January 13, 2020, submitted to The Clerk.
2019-11-12
Response Requested. (Due December 12, 2019)
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-30
Waiver of right of respondent United States of America to respond filed.
2019-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2019)

Attorneys

Michael Holmes
Stephen John LangsOff of Fed Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent