No. 18-574

Joseph Rachal v. United States

Lower Court: First Circuit
Docketed: 2018-11-02
Status: Denied
Type: Paid
Response Waived
Tags: 6th-amendment bifurcated-trial bifurcation criminal-procedure due-process evidence evidence-admissibility felon-in-possession felony-conviction firearm-possession jury-instructions jury-prejudice prejudice prejudicial-evidence
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the defendant was, in fact, in possession of the firearm at issue?

Question Presented (OCR Extract)

QUESTION PRESENTED No one can legitimately deny that a felony conviction is exceedingly prejudicial. That is why evidence of a felony conviction is normally admissible only if it is relevant to a fact at issue, and then only if the probative value is not outweighed by the prejudicial effect. But in a prosecution for being a “felon in possession of a firearm,” the government is allowed to introduce evidence of the defendant’s prior felony conviction before the jury even makes a determination that the defendant was, in fact, in possession of the firearm at issue. The Question Presented is: Is it unduly prejudicial for a jury to be exposed to the toxic evidence that the defendant is a convicted felon before even determining whether the defendant was, in fact, in possession of the firearm at issue? Stated differently, should the trial of a charge of being a felon in possession of a firearm be bifurcated into two phases?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-08
Waiver of right of respondent United States to respond filed.
2018-10-29
Petition for a writ of certiorari filed. (Response due December 3, 2018)

Attorneys

Joseph Rachal
Allison Koury — Petitioner
Allison Koury — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent