No. 19-5466

James Michael Farrell v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-defense criminal-defense-lawyer criminal-prosecution drug-distribution-organization due-process money-laundering willful-blindness
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the use of a willful blindness instruction in place of actual knowledge improperly lowers the government's burden of proof to a level that infringes on the defendant's right to due process of law

Question Presented (OCR Extract)

QUESTION PRESENTED 1. In the context of a criminal prosecution of a criminal defense lawyer who was charged with functioning as the “consiglieri” of a drug distribution organization, and who also was a criminal defense lawyers for members of this conspiracy, whether — in the context of a prosecution for money laundering -the use of a willful blindness instruction in place of actual knowledge improperly lowers the government’s burden of proof to a level that infringes on the defendant’s right to due process of law? i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-13
Waiver of right of respondent United States to respond filed.
2019-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2019)
2019-07-02
Application (19A16) granted by The Chief Justice extending the time to file until August 3, 2019.
2019-06-27
Application (19A16) to extend the time to file a petition for a writ of certiorari from July 4, 2019 to August 3, 2019, submitted to The Chief Justice.

Attorneys

James Michael Farrell
Barry CoburnCoburn & Greenbaum PLLC, Petitioner
Barry CoburnCoburn & Greenbaum PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent