No. 19-7789

Steven Klein v. California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-02-26
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof cage-v-louisiana criminal-procedure due-process fourteenth-amendment jury-instructions reasonable-doubt structural-error sullivan-v-louisiana
Key Terms:
DueProcess
Latest Conference: 2020-04-24
Question Presented (AI Summary)

Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments

Question Presented (OCR Extract)

QUESTION PRESENTED . Whether the trial court erred by overruling Klein's objection to prosecution's misstated of the burden of proof during closing arguments when he instructed the jury pot to determine whether the State had proven every fact, but instead, he charged the jury with considering all of the competing evidence together — in conglomeration — in deciding whether there was a reasonable doubt about Klein's guilt; does it not violate The Due Process Clause of the Fourteenth Amendment which “protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” Cage v. Louisiana, 498 U.S. 39 (1990), , citing In re Winship, 397 U.S. 358, 364.

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2020)

Attorneys

Steven Klein
Steven Klein — Petitioner
Steven Klein — Petitioner