Case Status
5 results
CLAY, ERICK C. v. UNITED STATES (31360)
Order dated: 06/28/02Docket number: 01-1500
Action:
The petition for a writ of certiorari is granted limited to the following question: Whether petitioner's judgment of conviction became "final" within the meaning of 28 U.S.C. 2255 para. 6(1) one year after the court of appeals issued its mandate on direct appeal or one year after his time for filing a petition for a writ of certiorari expired.
CLAY, ERICK C. v. UNITED STATES (31360)
Order dated: 07/29/02Docket number: 01-1500
Action:
David W. DeBruin, Esquire, of Washington, D.C. is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
CLAY, ERICK C. v. UNITED STATES (31360)
Order dated: 08/26/02Docket number: 01-1500
Action:
The motion of the Solicitor General to amend the order granting the petition for a writ of certiorari and stating the question presented is granted. The order granting the petition for a writ of certiorari is amended to read as follows: The petition for a writ of certiorari is granted limited to the following question: Whether petitioner's judgment of conviction became "final" within the meaning of 28 U.S.C. 2255, para. 6(1) when the court of appeals issued its mandate on direct appeal or when his time for filing a petition for a writ of certiorari expired.
CLAY, ERICK C. v. UNITED STATES (31360)
Order dated: 10/07/02Docket number: 01-1500
Action:
The motion of petitioner for leave to proceed further herein in forma pauperis is granted. The motion for appointment of counsel is granted and it is ordered that Thomas C. Goldstein, Esquire, of Washington, D.C., is appointed to serve as counsel for the petitioner in this case. The motion of the Solicitor General to dispense with printing the joint appendix is granted.
CLAY, ERICK C. v. UNITED STATES (31360)
Order dated: 12/16/02Docket number: 01-1500
Action:
The motion of the Solicitor General for divided argument is granted.
A description of the questions presented by the case has been prepared:
Is a conviction final for purposes of 28 U. S. C. 2255 when (I) the appellate mandate issues on direct appeal (as the Seventh and Fourth Circuits hold), or instead (ii) when teh defedant’s time to petition for certiorari expires (as both Petitioner and federal government argued below and as the Third, Fifth, Ninth, Tenth, and Eleventh Circuits hold).
An opinion has been handed down: