No. 18-8869

Jesse Davenport, aka Draco John Flama v. United States

Lower Court: Ninth Circuit
Docketed: 2019-04-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: child-pornography confrontation-clause conspiracy criminal-procedure due-process jury-trial plain-error shackling sufficiency-of-evidence
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an 'error' under the plain error test, simply because the shackles are covered by a table skirt?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Is shackling a defendant during his or her jury trial for no asserted or actual reason proper, and thus not even an “error” under the plain error test, simply because the shackles are covered by a table skirt? 2. Where Mr. Davenport was deprived of his Confrontation Clause right to cross-examine the key government witness, did the United States Court of Appeals for the Ninth Circuit disregard this Court’s precedent when it failed to analyze whether the error may have contributed to the verdict? 3. Where, construed in the light most favorable to the government, Mr. Davenport at most asked another person to produce child pornography, was the evidence sufficient to support a conviction for conspiracy to produce child pornography? i

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-30
Waiver of right of respondent United States to respond filed.
2019-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2019)

Attorneys

Jesse Davenport
Carolyn Mary WigginOffice of the Federal Defender, Petitioner
Carolyn Mary WigginOffice of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent