Jason James Neiheisel v. United States
DueProcess FifthAmendment
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
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