No. 19-1213

Buck Leon Hammers v. United States

Lower Court: Tenth Circuit
Docketed: 2020-04-14
Status: Denied
Type: Paid
Response Waived
Tags: conspiracy conspiracy-conviction-inferences-executive-positio criminal-conviction evidence evidence-standard exculpatory-evidence executive-position hearsay hearsay-exculpatory-evidence-chambers-v-mississipp inference judicial-review tenth-circuit
Key Terms:
DueProcess Privacy
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether the Tenth Circuit improperly found sufficient evidence for Mr. Hammers to be convicted of conspiracy based solely upon inferences from his executive position and association

Question Presented (OCR Extract)

question presented is: Whether the Tenth Circuit improperly found, failing to apply this Court’s authority and contrary to other courts of appeals and other of its own prior decisions, sufficient evidence for Mr. Hammers to be convicted of conspiracy based solely upon inferences the jury could have drawn from his executive position at the school and his association with Keeling. 2. Days after the FBI executed a search warrant at the school, Keeling committed suicide. Before doing so, she left a note in which she stated: “I Pam Keeling take full responsibility for everything at Grant School. No vendor nor Mr. Hammers had anything to do with what happened. I am truly sorry and pray for forgiveness.” (hereafter, the “Note”). The Note was excluded from evidence at trial as hearsay. The second question presented is: Whether the Tenth Circuit’s decision to exclude the Note was contrary to Chambers v. Mississippi, 410 US. 284, 302 (1973) and its progeny in that it never gave any consideration to the exculpatory nature of the Note in its evidentiary analysis. (i)

Docket Entries

2020-05-18
Petition DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-04-16
Waiver of right of respondent United States to respond filed.
2020-04-09
Petition for a writ of certiorari filed. (Response due May 14, 2020)
2020-03-03
Application (19A967) granted by Justice Sotomayor extending the time to file until April 10, 2020.
2020-02-25
Application (19A967) to extend the time to file a petition for a writ of certiorari from March 11, 2020 to April 10, 2020, submitted to Justice Sotomayor.

Attorneys

Buck Leon Hammers
Ryan A. RayNorman Wohlgemuth Chander Jeter Barnett & Ray, P.C., Petitioner
Ryan A. RayNorman Wohlgemuth Chander Jeter Barnett & Ray, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent