No. 20-5060
Justin Kirk Graves v. David Shinn, Warden
Tags: actual-innocence armed-career-criminal-act choice-of-law circuit-split district-of-confinement district-of-conviction habeas-corpus statutory-interpretation
Latest Conference:
2020-10-09
(distributed 2 times)
Question Presented (from Petition)
1. Did the Ninth Court err in deeming the Fifth Circuit's decision on Texas burglary to be conclusive of whether Mr. Graves could state a claim of actual innocence in the Ninth Circuit?
2. Should the Court hold this petition pending the petition for a writ of certiorari in United States v. Herrold, 19-7731, the decision that purportedly controls the Ninth Circuit's decision in this case?
Question Presented (AI Summary)
Whether the Ninth Circuit erred in applying the Fifth Circuit's substantive law in considering a § 2241 petition claiming actual innocence
Docket Entries
2020-10-13
Petition DENIED.
2020-10-05
DISTRIBUTED for Conference of 10/9/2020.
2020-08-21
Rescheduled.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Waiver of right of respondent Shinn, Warden to respond filed.
2020-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2020)
Attorneys
Justin Kirk Graves
Brianna Fuller Mircheff — Office of the Federal Public Defender, Petitioner
United States of America
Jeffrey B. Wall — Acting Solicitor General, Respondent