No. 20-7137

Jerald Dean Godwin v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-02-12
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 28-usc-2255 appellate-review bank-robbery crime-of-violence crimes-of-violence criminal-procedure due-process fundamental-fairness habeas-corpus meaningful-review section-2255
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

I. Does the Eleventh Circuit's practice of applying published panel orders —issued in the context of an application for leave to file a second or successive 28 U.S.C. § 2255 motion and decided in a truncated time frame without adversarial testing —as binding precedent in all subsequent appellate and collateral proceedings deprive inmates and criminal defendants of their right to due process, fundamental fairness, and meaningful review of the claims presented in their § 2255 motions and direct appeals?

II. The Eleventh Circuit Court of Appeals has held that a predicate conviction for bank robbery under 18 U.S.C. § 2113(a) categorically qualifies as a "crime of violence" for purposes of the elements clause in 18 U.S.C. § 924(c)(3)(A). However, as the history and text of the federal bank robbery statute make clear—and as prosecutions under the statute illustrate—section 2113(a) may be violated: (1) by unintended or otherwise accidental intimidation; or (2) by extortionate threats to economic interests alone. Given these circumstances, can the Eleventh Circuit's holding be reconciled with this Court's precedent in Leocal v. Ashcroft, 543 U.S. 1 (2004), Curtis Johnson v. United States, 559 U.S. 133 (2010), and Mathis v. United States, 136 S. Ct. 2243 (2016)?

Question Presented (AI Summary)

Does the Eleventh Circuit's practice of applying published panel orders as binding precedent deprive inmates of due process?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Memorandum of respondent United States of America filed.
2021-03-10
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
2021-03-09
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Jerald Godwin
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent