No. 20-7326

Tyrone Valentine v. United States

Lower Court: Eighth Circuit
Docketed: 2021-03-05
Status: Denied
Type: IFP
IFP
Tags: 18-usc 28-usc-2253 certificate-of-appealability criminal-statute criminal-statutes drunk-driving extreme-indifference physical-force violent-felony
Latest Conference: 2021-06-03
Question Presented (from Petition)

Whether reasonable jurists could disagree on whether criminal statutes that encompass drunk driving "manifesting extreme indifference to the value of human life" that "creates a grave risk of death to another person and thereby causes serious physical injury" constitute a "violent felony" that requires as an element, "the use, attempted use, or threated use of physical force against the person of another" within 18 U.S.C.§924(e)(2)(B)(i), making the issue worthy of a certificate of appealability per 28 U.S.C. §2253(c)(1)(B)?

Question Presented (AI Summary)

Whether criminal statutes encompassing drunk driving constitute a 'violent felony' under 18 U.S.C.

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-07-02
Petition for Rehearing filed.
2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-05
Memorandum of respondent United States filed.
2021-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2021.
2021-03-31
Motion to extend the time to file a response from April 5, 2021 to May 5, 2021, submitted to The Clerk.
2021-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2021)

Attorneys

Tyrone Valentine
Kevin C. CurranFederal Public Defender, Eastern District of Misso, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent