No. 21-7657

Kirk L. Floyd v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-04-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act categorical-approach circuit-split georgia-burglary-statute mathis-standard mathis-v-united-states shepard-documents violent-felony
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2022-06-02
Question Presented (from Petition)

The Georgia burglary statute disjunctively lists locations that may be burgled. The text makes plain that the list is not exclusive, Georgia's case law does not require a jury to agree that the defendant burgled any particular place on that illustrative list, and because a Georgia indictment may, but need not, name a specific location, the Shepard documents alone, the Mathis-approved "peek," can never establish that the location is an element. Under Mathis and the ACCA's categorical approach, then, is the Georgia statute indivisible and, therefore, not an ACCA violent felony?

Question Presented (AI Summary)

Whether the Georgia burglary statute is divisible for ACCA purposes

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States of America to respond filed.
2022-04-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2022)
2022-03-07
Application (21A473) granted by Justice Thomas extending the time to file until April 13, 2022.
2022-03-03
Application (21A473) to extend the time to file a petition for a writ of certiorari from March 14, 2022 to May 13, 2022, submitted to Justice Thomas.

Attorneys

Kirk L. Floyd
Whitman Matthew DodgeFederal Defender Program Inc., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent