No. 18-7231

Mark J. Avery v. United States

Lower Court: Ninth Circuit
Docketed: 2019-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fair-trial good-faith good-faith-defense money-laundering specific-intent trust trustee-liability wire-fraud
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Where the defendant, trustee of a private trust charged with wire fraud and money laundering based on his non-disclosure and misspending involving trust funds, denied acting with a specific intent to defraud, was he denied his due process right to a fair trial when the district court refused his request to instruct the jury, either separately or in the context of the instruction on specific intent, that his good-faith belief that his actions were permissible under the terms of the trust was a defense to the charge, because such good faith is inconsistent with the element of specific intent?

Question Presented (OCR Extract)

QUESTION PRESENTED Where the defendant, trustee of a private trust charged with wire fraud and money laundering based on his non-disclosure and misspending involving trust funds, denied acting with a specific intent to defraud, was he denied his due process right to a fair trial when the district court refused his request to instruct the jury, either separately or in the context of the instruction on specific intent, that his good-faith belief that his actions were permissible under the terms of the trust was a defense to the charge, because such good faith is inconsistent with the element of specific intent?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Waiver of right of respondent United States to respond filed.
2018-12-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)

Attorneys

Mark J. Avery
Myra June SunMyra Sun - Attorney at Law, Petitioner
Myra June SunMyra Sun - Attorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent