No. 19-6104

Freya D. Pearson v. United States

Lower Court: Eighth Circuit
Docketed: 2019-10-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-1001 district-court due-process duty-to-speak false-statement government-knowledge government-misconduct jury-determination jury-instruction jury-instructions materiality prosecutorial-discretion statutory-interpretation wire-fraud
Key Terms:
DueProcess
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2020-02-24
Rehearing DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-02
Petition for Rehearing filed.
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-21
Waiver of right of respondent United States to respond filed.
2019-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Freya D. Pearson
Freya Pearson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent