No. 19-7183

Malcolm William v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2020-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: causation criminal-procedure criminal-procedure-arrest-of-judgment due-process elements-of-crime evidence evidence-sufficiency hearsay insufficient-evidence malice motion-in-limine murder murder-charge new-trial sixth-amendment third-degree
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; 1. Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree, as . ; there is insufficient evidence to sustain the verdict, The ~ 7 Commonwealth did not prove that the Appellant brought the . ; gun to the fight or caused it to fire during the fight. ~ Moreover, thé Commonwealth did not prove, by sufficient ; ' evidence that the Appellant acted with malice and, hence, 7 . > the Commonwealth has failed to prove the elements of the a crimé. An arrest of judgement must be ‘rewarded. : | (suggested answer: yes) . 2. In the alternative, whether Appellant be awarded a ; . new trial as the greater weight of the evidence does not ~ . : support the verdict. The greater weight did not support any proposition finding the Appellant guilty as the principal, . ; and the greater weight of.the evidence did not support any , ; ; findings of malice, and, hence, a new trial is required. ; : The verdict was based on speculation, conjecture and surmise ; (suggested answer: yes ) ; 4 ; ee , 3.. Did the Court err when it denied the Appellant's Motion in Limine to exclude the introduction into evidence ‘a statement by the deceased that the Appellant had a gun as ; . it was hearsay and violated Appellant's Sixth Amendmant right to confrontation. . (suggested answer: yes) .

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-29
Waiver of right of respondent Pennsylvania to respond filed.
2019-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2020)

Attorneys

Malcolm William
Malcolm William — Petitioner
Malcolm William — Petitioner
Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent