No. 18-772

Erasmo Aviles, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2018-12-18
Status: Denied
Type: Paid
Tags: compulsory-process constitutional-rights criminal-procedure due-process exculpatory-evidence exculpatory-testimony government-interests immunity prosecutorial-misconduct self-incrimination witness-immunity
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government's interests in declining to seek immunity are strongly outweighed by the accused's need for the exculpatory testimony?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Does due process require a court to compel the government, on pain of dismissal, to seek immunity for an essential defense witness if government’s interests in declining to seek immunity are strongly outweighed by the accused’s need for the exculpatory testimony?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-21
Brief of respondent United States in opposition filed.
2019-02-06
Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2019.
2019-02-05
Motion to extend the time to file a response from February 19, 2019 to March 21, 2019, submitted to The Clerk.
2019-01-11
Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2019.
2019-01-10
Motion to extend the time to file a response from January 17, 2019 to February 19, 2019, submitted to The Clerk.
2018-12-11
Petition for a writ of certiorari filed. (Response due January 17, 2019)

Attorneys

Erasmo Aviles, Jr.
Norman J. SilvermanLaw Office of Norman J. Silverman, Petitioner
Norman J. SilvermanLaw Office of Norman J. Silverman, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent