No. 24-5090

Gerald Wayne Timms v. Merrick B. Garland, Attorney General

Lower Court: Fourth Circuit
Docketed: 2024-07-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-4248 attorney-general civil-commitment due-process fifth-amendment necessary-and-proper-clause procedural-due-process procedural-rights substantive-due-process
Key Terms:
DueProcess Patent JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether 18 U.S.C. § 4248, consistent with both substantive and procedural due process, can be read to permit a civil commitment order to remain in effect if the Attorney General unilaterally removes the committed person to serve a punitive sentence such that upon completion of that criminal sentence, the earlier civil commitment order remains in force without any further judicial oversight as is otherwise expressly required by § 4248.

Question Presented (AI Summary)

Whether 18 U.S.C. § 4248, consistent with both substantive and procedural due process, can be read to permit a civil commitment order to remain in effect if the Attorney General unilaterally removes the committed person to serve a punitive sentence such that upon completion of that criminal sentence, the earlier civil commitment order remains in force without any further judicial oversight as is otherwise expressly required by § 4248

Docket Entries

2024-10-07
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition. See 28 U. S. C. §455(b)(3) and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior government employment).
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-15
Waiver of right of respondent United States Attorney General to respond filed.
2024-07-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2024)
2024-05-08
Application (23A991) granted by The Chief Justice extending the time to file until July 13, 2024.
2024-04-29
Application (23A991) to extend the time to file a petition for a writ of certiorari from May 14, 2024 to July 13, 2024, submitted to The Chief Justice.

Attorneys

Gerald Timms
Erica Joan HashimotoGeorgetown University Law Center, Petitioner
United States Attorney General
Elizabeth B. PrelogarSolicitor General, Respondent