No. 18-1064

In Re Octavious DeMont Williams

Lower Court: N/A
Docketed: 2019-02-13
Status: Denied
Type: Paid
Tags: 21-usc-841 burden-of-proof constitutional-due-process constitutional-rights controlled-substance criminal-procedure due-process elements-of-crime fifth-amendment judicial-misconduct jury jury-finding jury-trial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Octavious Demont Williams petitioned for a writ of habeas corpus, arguing that his constitutional due process was violated when he was deprived of the fundamental right to have a jury find him guilty of all elements of the crime, specifically the element of a controlled substance under 21 U.S.C. § 841(a)(1)"

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether petitioner’s constitutional due process was violated when he was deprived of the fundamental right that a jury find him guilty of all elements of the crime; and Whether a controlled substance (amount is not the contention) is a distinct element of petitioner’s substantive offense; and Whether necessary element of a “controlled : : substance” not being proven to jury beyond a reasonable doubt violates this Court’s precedent, the plain language of 21 U.S.C. § 841 (a) (1), and a ; Constitutional Due Process.

Docket Entries

2019-03-18
Petition DENIED.
2019-02-20
DISTRIBUTED for Conference of 3/15/2019.
2019-01-22
Petition for writ of habeas corpus filed.

Attorneys

Octavious DeMont Williams
Octavious DeMont Williams — Petitioner