No. 18-143

Sandra Lee Bart v. United States

Lower Court: Eighth Circuit
Docketed: 2018-07-31
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: appellate-review conspiracy conspiracy-conviction due-process evidence evidentiary-hearing fair-trial government-witness juror-misconduct jury-misconduct precedent sixth-amendment substantial-evidence
Key Terms:
DueProcess Immigration WageAndHour
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (AI Summary)

Did the Eighth Circuit fail to follow its own precedent and rule contrary to other Appellate Circuits and the United States Supreme Court when it approved the District Court's failure to accede to define counsel's request to conduct an evidentiary hearing after a juror announced the guilt of the Defendant to other jurors during trial and before instructions were read?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Did the Eighth Circuit fail to follow its own precedent, and rule contrary to other Appellate Circuits and the United States Supreme Court when it approved the District Court’s failure to accede to define counsel’s request to conduct an evidentiary hearing after a juror announced the guilt of the Defendant to other jurors during trial and before instructions were read? 2. Were the convictions unsupported by substantial evidence, and was the Defendant deprived of due process, when the conspiracy convictions were based on false statements made by a co-defendant on forms submitted to the U.S. Department of State and Labor, allegedly in violation of Department of Labor Regulations that were not put into evidence, but were the subject of Government witness oral testimony that misrepresented the regulations in effect at the time of the formation of the alleged “conspiracy”?

Docket Entries

2018-11-19
Rehearing DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-26
2018-10-01
Petition DENIED.
2018-08-15
DISTRIBUTED for Conference of 9/24/2018.
2018-08-07
Waiver of right of respondent United States to respond filed.
2018-07-23
Petition for a writ of certiorari filed. (Response due August 30, 2018)

Attorneys

Sandra Lee Bart
James Vincent O'BrienBuchanan, Williams and Stilley, P.C., Petitioner
James Vincent O'BrienBuchanan, Williams and Stilley, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent