No. 19-141

Jeffrey Fairbanks v. Indiana

Lower Court: Indiana
Docketed: 2019-07-30
Status: Denied
Type: Paid
Response Waived
Tags: criminal-conviction criminal-procedure due-process evidence evidentiary-rules ex-post-facto judicial-construction jury jury-instructions propensity-evidence reasonable-doubt vague-statute vagueness
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evidence to affirm a conviction

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the judiciary violated the Ex Post Facto Clause when it created a new evidentiary holding to excuse the impermissible use of propensity evidence to affirm a conviction. 2. Whether Petitioner’s Due Process rights were violated when the evidence introduced at trial only amounted to speculation that a crime was committed and not proof beyond a reasonable doubt as is required by law. 3. Whether a criminal conviction can stand when the jury may have convicted the defendant on facts that do not constitute a crime. 4. Whether the Indiana statute is unconstitutionally vague where even falling asleep can be deemed leaving a child unsupervised. ii LIST OF DIRECTLY

Docket Entries

2019-10-07
Petition DENIED.
2019-08-28
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Waiver of right of respondent State of Indiana to respond filed.
2019-07-25
Petition for a writ of certiorari filed. (Response due August 29, 2019)
2019-06-18
Application (18A1293) granted by Justice Kavanaugh extending the time to file until July 25, 2019.
2019-06-07
Application (18A1293) to extend the time to file a petition for a writ of certiorari from June 25, 2019 to July 25, 2019, submitted to Justice Kavanaugh.

Attorneys

Jeffrey Fairbanks
Alexandra Crisanthi SiskopoulosSiskopoulos Law Firm, LLP, Petitioner
Alexandra Crisanthi SiskopoulosSiskopoulos Law Firm, LLP, Petitioner
State of Indiana
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent