No. 18-6841

Robert K. Stewart v. North Carolina

Lower Court: North Carolina
Docketed: 2018-11-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights criminal-procedure due-process grand-jury indictment true-bill
Key Terms:
DueProcess
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the name of the defendant, the date of the sentences, and the time and county where the alleged offense was committed are material facts of an offense as opposed to essential elements that must be proven at trial?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (9 4s. used in an indictment, is the Name of fhe defendant the dote of He fences Ard the time of the County, Where the ALLeged offense Was Coryated Matilal Faeh§ of AV OFFense AS Op posed JO CS82/1 tial elemuits of AN oF Fensé that Mag be prooked AT THIAL P (2) WaS A Alain etter of A (onstitutional Magn! tude, Lol ttCd wher rhe Grand. [Ur OF MOO Ee CouNTy NORTH CAROLINA, returned ATKuUC Bile OP indet met: With otk finding LAO Sa fea) FAIS of The offense Jo be TRUC?

Docket Entries

2019-03-04
Rehearing DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-01-12
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-12
Waiver of right of respondent State of North Carolina to respond filed.
2018-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2018)

Attorneys

Robert K. Stewart
Robert K. Stewart — Petitioner
State of North Carolina
Amy Kunstling IreneNorth Carolina Department of Justice, Respondent