No. 18-9236

Amy Gonzalez and David Thomas Matusiewicz v. United States

Lower Court: Third Circuit
Docketed: 2019-05-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2261a,overbreadth,free-speech,first-amendme 6th-amendment 6th-amendment-unanimity,criminal-procedure,jury-in 6th-amendment,5th-amendment,sentencing,jury-trial, actus-reus criminal-procedure criminal-procedure,evidence,character-evidence,pre criminal-procedure,evidence,polygraph,crane-v-kent criminal-procedure,jury-instructions,causation,act criminal-verdict due-process jury-instruction jury-trial jury-unanimity sixth-amendment Whether 18 U.S.C. § 2261A is unconstitutionally ov Whether a person can be convicted for stalking res Whether Crane v. Kentucky 476 U.S. 683 690 (1986 Whether sentencing courts may continue to violate Whether the admissibility of a civil judicial opin
Key Terms:
FirstAmendment DueProcess FifthAmendment Privacy
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Whether juries must unanimously agree on the actus reus element of offenses

Question Presented (OCR Extract)

question presented is: Whether juries must unanimously agree on the actus reus element of offenses as a step preliminary to determining if a defendant is guilty of a charged crime. 2. Whether 18 U.S.C. § 2261A is unconstitutionally overbroad, and as applied, so that its application violates the standards announced in Elonis v. United States, 135 8.Ct. 2001 (2015), United States v. Playboy Entertainment Group, 529 U.S. 803 (2000), Reno v. ACLU, 521 U.S. 844, 870 (1997), Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 56, (1988), Watts v. United States, 394 U.S. 705, 708(1969), and New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)? 3. Whether a person can be convicted for stalking resulting in death based on jury instructions that blended two causation theories, and did not require the jury to find or agree on the scope of the person’s actions or predicate conduct. 4, Whether the admissibility of a civil judicial opinion containing derogatory findings and assessments of the defendant’s character, mental state, and motivations unfairly prejudices a defendant in a criminal prosecution involving jury findings on the same issues. 5. Whether sentencing courts may continue to violate the Sixth Amendment’s jury-trial guarantee, and the Fifth Amendment’s Due Process Clause, by imposing sentences that, but for judge-found facts, would be substantively unreasonable. i 6. Whether Crane v. Kentucky, 476 U.S. 683, 690 (1986) and Rock v. Arkansas, 483 U.S. 44, 61, (1987) require admission of polygraph results in the defense case-inchief to rebut admission of polygraph evidence in the government’s case-in-chief. ii

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-20
Waiver of right of respondent United States to respond filed.
2019-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
2019-04-01
Application (18A998) granted by Justice Alito extending the time to file until May 7, 2019.
2019-03-28
Application (18A998) to extend the time to file a petition for a writ of certiorari from April 7, 2019 to June 6, 2019, submitted to Justice Alito.

Attorneys

Amy Gonzalez and David Matusiewicz
Tieffa N. HarperOffice of the Federal Public Defender for the Dist, Petitioner
Tieffa N. HarperOffice of the Federal Public Defender for the Dist, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent