No. 18-5972
Response WaivedIFP
Tags: burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure
Key Terms:
Arbitration ERISA FifthAmendment
Arbitration ERISA FifthAmendment
Latest Conference:
2018-10-12
Question Presented (AI Summary)
Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra-statutory element, and then requesting a jury instruction that includes the extra-statutory element?
Question Presented (OCR Extract)
QUESTION PRESENTED Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra-statutory element, and then requesting a jury instruction that includes the extra-statutory element?
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-20
Waiver of right of respondent United States to respond filed.
2018-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)
Attorneys
Assane Faye
Alison Brill — Office of the Federal Public Defender, D.N.J., Petitioner
Alison Brill — Office of the Federal Public Defender, D.N.J., Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent