No. 19-8082

Altius Willix v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: concurrent-sentence concurrent-sentence-doctrine criminal-procedure double-jeopardy duplicitous-indictment fifth-amendment multiplicious-charges sixth-amendment structural-error
Key Terms:
HabeasCorpus
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode of criminal charges and if so, does the trial court err invoking the concurrent sentence doctrine since another sentence, on an unrelated charge supersedes the sentence being challenged, or does the Fifth and Sixth amendment mandate that the challenged sentence be addressed on the merits, irrespective of the final sentence imposed

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode of criminal charges and if so, does the trial court err invoking the concurrent sentence doctrine since another sentence, on an unrelated charge supersedes the sentence being challenged, or does the Fifth and Sixth amendment mandate that the challenged sentence be addressed on the merits, irrespective of the final sentence imposed. Does a variance of the indictment occur requiring a new trial when the court removes from the jury’s consideration the allegation that Willix was charged with us[ing] a deadly weapon and inflict[ing] bodily injury thus lowering the government’s burden of proof at trial. Should it be considered a structural error when a criminal defendant is not present for the reading of a jury note? ll

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-26
Waiver of right of respondent United States to respond filed.
2020-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2020)

Attorneys

Altius Willix
Altius Willix — Petitioner
Altius Willix — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent