No. 18-9483
Brian Alford v. Dwight Neven, Warden, et al.
IFP
Tags: burglary burglary-allegation constitutional-law criminal-law criminal-procedure due-process felony-murder legal-sufficiency probable-cause prosecution-standard sufficiency-of-evidence
Key Terms:
DueProcess FifthAmendment HabeasCorpus CriminalProcedure
DueProcess FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference:
2019-10-01
Question Presented (AI Summary)
Whether it is permissible for a state criminal court to predicate felony murder liability on an allegation of burglary that lacks sufficient bases in law and fact such that the prosecution could not establish the allegation under even a probable cause standard?
Question Presented (from Petition)
QUESTION PRESENTED WHETHER IT IS PERMISSIBLE FOR A STATE CRIMINAL COURT TO PREDICATE FELONY MURDER LIABILITY ON AN ALLEGATION OF BURGLARY THAT LACKS SUFFICIENT BASES IN LAW AND FACT SUCH THAT THE PROSECUTION COULD NOT ESTABLISH THE ALLEGATION UNDER EVEN A PROBABLE CAUSE STANDARD? i
Docket Entries
2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)
Attorneys
Brian Alford
Jason F Carr — Federal Public Defenders Office, Petitioner
Jason F Carr — Federal Public Defenders Office, Petitioner