No. 22-6569

Charles Heard v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924 9th-circuit california-law categorical-approach crime-of-violence criminal-law elements-clause implied-malice ninth-circuit second-degree-murder statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. Does a VICAR murder conviction, which is in turn based upon a
second-degree murder under California law, constitute a categorical
crime of violence for purposes of a related conviction under 18 U.S.C. §
924()?

2. Did the United States Court of Appeals for the Ninth Circuit act
capriciously in refusing to consider the merits of the question set forth
above, and instead rule that the question was not fairly presented in
the parties' briefing?

Question Presented (AI Summary)

Does a VICAR murder conviction based on California second-degree murder constitute a crime of violence?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-23
Waiver of right of respondent United States of America to respond filed.
2023-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Charles Heard
Karen L. LandauLaw Office of Karen L. Landau, P.C., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent