No. 19-8031

James Allen Gregg v. United States District Court for the District of South Dakota

Lower Court: Eighth Circuit
Docketed: 2020-03-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure credibility credibility-determination district-court due-process evidentiary-standard judicial-review magistrate-judge procedural-fairness witness
Key Terms:
DueProcess
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Is a defendant's due process rights adequately protected when a district judge rejects a magistrate judge's proposed findings on credibility when those findings are dispositive and substitute the judge's own appraisal without seeing and hearing the defendant and witnesses whose credibility is in question?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Is a defendant's due process rights adequetly protected when a district judge rejects a magistrate judge's proposed findings on credibility when those findings are dispositive and substitute the judge's own appraisal; whithout seeing and hearing the defendant and witnesses whose credibility is in question?

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-24
Waiver of right of respondent United States to respond filed.
2020-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2020)

Attorneys

James A. Gregg
James A. Gregg — Petitioner
James A. Gregg — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent