No. 19-1032

Alphonso I. Waters, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-19
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights criminal-statute due-process government-burden-of-proof government-evidence intent-to-harm jury-charge target-deception wire-fraud
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether petitioner's due process rights were violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether petitioner's due process rights were violated by his wire fraud convictions for conduct that did not fall within the ambit of the wire fraud statute as the government acknowledged lacking sufficient evidence to prove petitioner intended to harm the target of his alleged deception, an essential element of the criminal statute. 2. Whether the denial of petitioner’s requested jury charge that wire fraud requires an intent to harm violated petitioner’s due process rights by not requiring the government to prove an essential element of the criminal statute. ii STATEMENT OF

Docket Entries

2020-03-23
Petition DENIED.
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2020-02-26
Waiver of right of respondent United States of America to respond filed.
2020-02-14
Petition for a writ of certiorari filed. (Response due March 20, 2020)

Attorneys

Alphonso Waters, Jr.
Gary Paul BunchGary Bunch, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent