No. 18-5653

Pamela Lynn Bravebull v. United States

Lower Court: Eighth Circuit
Docketed: 2018-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson
Key Terms:
FifthAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the prosecutor's elicitation of evidence through a colloquy with a venireperson violated the defendant's Sixth Amendment right to cross-examination and a fair trial, Fifth Amendment due process right, and multiple Federal Rules of Evidence

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Evidence upon which the jury may rely in convicting a defendant must come through qualified sworn witnesses, not through a colloquy with a venireperson. The prosecutor in this case elicited evidence that a shod foot is a dangerous weapon through such a colloquy, and referred to this colloquy in his opening statement and closing argument. Did this violate the Sixth Amendment right to cross-examination and a fair trial, her Fifth Amendment due process right, and multiple Federal Rules of Evidence?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-24
Waiver of right of respondent United States to respond filed.
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)

Attorneys

Pamela Lynn Bravebull
Steven R. Morrison — Petitioner
Steven R. Morrison — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent