No. 18-6305

Igor Polshyn v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure due-process evidence reversal right-to-testify structural-error testimony
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional error requiring reversal?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Igor Polshyn’s case presents the following questions: 1. Whether preventing a defendant from testifying on the sole disputed element of an offense, his subjective intent, amounts to structural constitutional error requiring reversal? 2. Whether prosecution under the Maritime Drug Law Enforcement Act (“MDLEA”) of a foreign citizen who was traveling on a vessel in international waters and whose offense had no nexus to the United States violates the Due Process Clause of the Fifth Amendment? i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-01
Waiver of right of respondent United States to respond filed.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Igor Polshyn
Aliza Hochman BloomOffice of the Federal Defender, Petitioner
Aliza Hochman BloomOffice of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent