No. 19-8184

William Francis Walsh, IV v. United States

Lower Court: Ninth Circuit
Docketed: 2020-04-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-2252 criminal-procedure evidence-presentation federal-rules-of-evidence ninth-circuit-interpretation old-chief-precedent old-chief-v-united-states prejudicial-material rule-403 stipulation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Did the Ninth Circuit's disposition of Petitioner's Rule 403 claim, based on the district court's having abused its discretion by rejecting his proffered stipulation that would not only have conceded several essential elements under 18 U.S.C. § 2252, but also would have permitted a government agent to testify narratively to the jury about what certain images and videos depicted, conflict with Old Chief's rule?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Under Old Chief v. United States, 519 U.S. 172 (1997), the government in a criminal case has only a presumptive — but not an unqualified — right — under Rule 403 of the Federal Rules to present its case-in-chief as it sees fit. Thus, whenever a defendant offers to stipulate to an offense’s essential element to avoid the jury’s reviewing prejudicial materials, “[i]t would be very odd for the law of evidence to recognize the danger of unfair prejudice only to confer such a degree of autonomy on the party subject to temptation, and the Rules of Evidence are not so odd.” Id. at 183-84. The question presented is as follows: Did the Ninth Circuit’s disposition of Petitioner’s Rule 403 claim, based on the district court’s having abused its discretion by rejecting his proffered stipulation that would not only have conceded several essential elements under 18 U.S.C. § 2252, but also would have permitted a government agent to testify narratively to the jury about what certain images and videos depicted, conflict with Old Chief’s rule? -prefix

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-14
Waiver of right of respondent United States to respond filed.
2020-04-06
Motion (19M119) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2020-03-18
MOTION (19M119) DISTRIBUTED for Conference of 4/3/2020.
2020-03-09
Motion (19M119) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2020-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent