No. 18-8526

Marcel Henderson v. United States

Lower Court: First Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment 6th-amendment circuit-court-split criminal-procedure dixon-standard due-process fifth-amendment imminent-threat justification-defense sixth-amendment
Key Terms:
CriminalProcedure
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Were the petitioner's Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a 'well-founded' fear of imminent threat

Question Presented (OCR Extract)

Question Presented Were the petitioner’s Fifth and Sixth Amendment rights violated by the ambiguity of the Dixon standard as applied regarding what constitutes a “well-founded” fear of imminent threat—a standard that appears to vary between Circuit Courts of Appeal—that barred him from raising a justification defense when (1) the gang responsible for shooting and disabling him were known to be acquiring guns to kill him and (2) the Government believed the threat imminent enough to follow the petitioner and intervene? 1

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United States of America to respond filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Marcel Henderson
David Alfred Ferguson Lewis — Petitioner
David Alfred Ferguson Lewis — Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent