No. 18-5686

Dwight Mundle v. United States

Lower Court: Second Circuit
Docketed: 2018-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Was there enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Was their enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c), was the testimony from Petitioner sister, Anika Mundle, sufficient to prove beyond a reasonable doubt that a treat was actually made, and that Petitioner made the treat “intentionally” and intended a true threat in a phone communication made by her, and does the statue requires the Petitioner to be aware of the : threatening nature of the communication. II. Did the District Court erred in admitting at trial evidence of uncharged conduct concerning Petitioner’s prior conduct regarding his mother, Sonia Green, and does the testimony of Petitioner mother put him on trial for kidnapping, and not the crime charged in the indictment, and did is mother testimony regarding his prior conduct have a cumulative prejudicial effect on the jury, did his mother testimony overwhelmed and swayed the jury from the probative values regarding the threatening communication in Count One of the indictment. i

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

Dwight Mundle
Dwight Mundle — Petitioner
Dwight Mundle — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent