Freya D. Pearson v. United States
DueProcess
Can a conviction stand under 18 U.S.C. 1001 (2) without a 'Materiality' determination, and should that Determination come from the District Court or from the Jury? And under this Statute, does a 'false statement have to be made in order for a conviction to stand, or can the defendant be convicted on what the gov 'would have wanted to know?
QUESTIONS PRESENTED ; : 1) Can a conviction stand under 18 U.S.C. 1001 (2) without a"Materiality" determination, and should that Determination come from the District Court or from the Jury? And under this Statute, doés a "false statement have to be made in order . for a conviction to stand, or can the defendant be convicted on what the gov “would have wanted to know"? 2) Can a conviction stand if their is a "slight influence" on the Jurys verdict from government misconduct, and how do you measure how "slight" the influence was on the Jurys verdict? + 7 : . 3) Does a Wire Fraud "By Omission" charge under. 18 U.S.C. 1343 require a Duty to Speak, and/or active Concealment, and does the Duty to Speak, and the acts of concealment, have to be alleged in the Indictment? Also, should a "Fraud : by Omission" Jury instruction, be added for the Jury, instead of a Misrepresentation instruction? . : 4) Should a Defendant be notified when her Counsel.files a Motion to withdraw, and did the Appellate Court violate the Defendants Due Process, and sixth amendment right to Counsel, by refusing her Counsel, even after : Prosecutorial Misconduct, and a Attorney Divided Interest/Loyalty issue was presented to the Court? Also, was the Defendant entitled to a hearing, to determine whether or not the Attorneys Interest had been divided?