No. 18-7082

Juan Bautista Rosas Cuellar v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure collateral-estoppel criminal-defendant due-process intervening-change-in-law intervening-law-change issue-preclusion legal-doctrine offensive-preclusion summary-reversal
Key Terms:
Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

May collateral estoppel be applied offensively against a criminal defendant?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. May collateral estoppel ever be applied offensively against a criminal defendant, to bar him from relitigating an issue resolved in a previous case? IL Even if collateral estoppel may sometimes be applied offensively against a criminal defendant, does it bar the defendant from relitigating an issue as to which there has been an intervening change in the law? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-07
Waiver of right of respondent United States to respond filed.
2018-12-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)

Attorneys

Juan Bautista Rosas Cuellar
Kayla GassmannFederal Public Defender's Office, Petitioner
Kayla GassmannFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent