No. 19-6232

Jason James Neiheisel v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review burden-of-proof circuit-split criminal-conviction criminal-procedure demeanor due-process jury-verdict prosecutorial-questioning reversible-error substantive-evidence sufficiency-of-evidence
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-11-08
Question Presented (AI Summary)

Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury could have found the defendant's demeanor to be 'substantive evidence of guilt,' filling the gap in the government's proof

Question Presented (OCR Extract)

QUESTIONS PRESENTED A fundamental principle of our jurisprudence is that the burden of proof rests solely with the government. The circuits' split and inconsistent application concerning this issue begs the Supreme Court to remedy the principle's devolution by establishing the threshold of reversible error and what constitutes sufficient evidence, otherwise, appellate courts will continue affirming convictions which lack an essential element of the crime. The questions presented are: I. Whether the Eleventh Circuit, on review for sufficiency of evidence, can affirm a conviction citing the verdict itself; on the supposition the jury could have found the defendant's demeanor to be "substantive evidence of guilt," filling the gap in the government's proof. The Fourth, Fifth, Seventh and Eleventh Circuits are firmly in contrast with the Second, Sixth and DC Circuits. Il. Whether the Eleventh Circuit committed reversible error, as is believed by the First and Ninth Circuits, in allowing a prosecutor to ask a testifying defendant if a federal agent is lying. , i

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-16
Waiver of right of respondent United States to respond filed.
2019-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

Jason Neiheisel
Jason James Neiheisel — Petitioner
Jason James Neiheisel — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent