No. 18-616

Roger Nepal v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-13
Status: Denied
Type: Paid
Response Waived
Tags: criminal-law criminal-procedure de-novo-review direct-appeal Griffith-v-Kentucky plain-error retroactivity standard-of-review substantive-law
Key Terms:
DueProcess Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, must Griffith v. Kentucky be applied to the entire case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED UESTION PRESENTED NO. 1 Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, must Griffith v. Kentucky be applied to the entire case? UESTION PRESENTED NO. 2 Where the Supreme Court has changed the substantive law governing a criminal case that is on direct appeal, should a de novo or plain error standard of review be applied when determining whether there was error in the proceedings below based on the new law, when the defendant could not have made particular objections in the trial court based on the new law?

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Waiver of right of respondent United States to respond filed.
2018-11-07
Petition for a writ of certiorari filed. (Response due December 13, 2018)

Attorneys

Roger Nepal
J. Craig Jett — Petitioner
J. Craig Jett — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent