No. 19-7775

Rande Brian Isabella v. United States

Lower Court: Tenth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-review circumstantial-evidence conflict-among-circuits criminal-liability criminal-procedure criminal-procedure-18-usc-2251a due-process evidence evidence-standard jackson-v-virginia judicial-procedure sexting statutory-interpretation substantial-step
Key Terms:
DueProcess
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether the Tenth Circuit Court of Appeals erred in disregarding review of essential elements at 18 U.S.C.§2251(a) and relying solely on circumstantial evidence

Question Presented (OCR Extract)

QUESTIONS PRESENTED : I. Whether if was prejudicial error for the Tenth Circuit Court of Appeals , : to depart from the accepted and usual course of judicial proceedings by ~ disregarding review of essential elements at 18 U.S.C.§2251(a), in conflict with Supreme Court doctrine under Jackson v Virginia, 443 U.S. 307 (1979); and to rely solely on “circumstantial evidence of a substantial step" pointed toward "sexting" behavior, but not pointed , toward the charged offense? : ; 7 ; oe Il. The Supreme Court is needed to settle a recognized conflict between the : Circuit Courts of Appeals concerning criminal liability and procedures ; at 18 U.S.C.§2422(b) and to define a term. III The Tenth Circuit decision below conflicts with a recent state supreme a court decision on the important question: whether evidence of the behavioral theory of "grooming" requires a foundational showing of scientific validity to be admissible and relevant to a jury? The Supreme Court is needed to settle the conflict and to decide, in light ‘ of Oregon v Henley. 363 Or 284 (2018), whether the federal court : . abdicated its gatekeeping function under Daubert v Merrell Dow, 509 , U.S. 579 (1993), and Kumho Tire Co. v Carmichael, 119 S Ct 1167 (1999), 7 _by allowing a fact witness' erroneous definition to materially — oO _ influence the jury? . : 2 of 2:9 . No. 194220 oo, Lo .

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent United States to respond filed.
2019-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)
2019-08-27
Application (19A220) granted by Justice Sotomayor extending the time to file until November 1, 2019.
2019-08-20
Application (19A220) to extend the time to file a petition for a writ of certiorari from September 2, 2019 to November 1, 2019, submitted to Justice Sotomayor.

Attorneys

Rande Brian Isabella
Rande Brian Isabella — Petitioner
Rande Brian Isabella — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent