No. 18-5812

In Re Richard DeCaro

Lower Court: N/A
Docketed: 2018-08-29
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review constitutional-interpretation constitutional-law criminal-law criminal-procedure doctrinal-underpinnings double-jeopardy due-process gamble-v-united-states innocence original-meaning re-adjudication separate-sovereigns separate-sovereigns-exception
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2018-11-09 (distributed 2 times)
Question Presented (AI Summary)

Whether the Court should overrule the 'separate sovereigns' exception to the Double Jeopardy Clause

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. STATEMENT OF ISSUES PRESENTED The exception to the Double Jeopardy Clause, pursuant to which Mr. DeCaro's otherwise plainly unconstitutional duplicative conviction was upheld, is inconsistent with the plain text and original meaning of the Constitution. The separate-sovereigns exception's doctrinal underpinnings have eroded; and, this caused the federal jury to re-adjudicate the State law. . This cdse is in aid of the Court to Gamble v. United States, No. 17-646, because the decisions below hinged on the validity of this Court's separate-sovereigns exception; and, where Gamble was convicted, Mr. DeCaro was acquitted in the State. ; Richard DeCaro has maintained his innocence for over twenty-six years, because of the separate-sovereigns exception he is slated to die in prison; overruling that . exception would set him free. i

Docket Entries

2018-11-13
Rehearing DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-12
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Richard DeCaro
Richard DeCaro — Petitioner
Richard DeCaro — Petitioner