No. 18-7330

Michael Anthony Garrett v. United States

Lower Court: Eighth Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment constitutional-rights criminal-procedure defense-theory due-process evidence fifth-amendment jury-instructions right-to-present-defense sixth-amendment trial-evidence
Key Terms:
DueProcess
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether a defendant's constitutional right to present a defense encompasses the right to have the jury instructed on a theory of defense that constitutes a correct statement of the law and is supported by evidence

Question Presented (OCR Extract)

QUESTION PRESENTED I. Whether a defendant’s constitutional right to present a defense as guaranteed by the Fifth and Sixth Amendments to the United States Constitution encompasses the right to have the jury instructed on a theory of defense that constitutes a correct statement of the law and supported by evidence adduced at trial. i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-16
Waiver of right of respondent United States of America to respond filed.
2019-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

Michael Garrett
Stephen Carl MossFederal Public Defender, Petitioner
Stephen Carl MossFederal Public Defender, Petitioner
Stephen Carl MossFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent