No. 19-8267

Jon Cascella v. United States

Lower Court: First Circuit
Docketed: 2020-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation confidential-informant constitutional-error due-process fifth-amendment independent-inquiry testimony uniform-practice witness-testimony
Key Terms:
AdministrativeLaw FifthAmendment DueProcess
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant's testimony without independent inquiry is constitutional error and whether this Court should prescribe a uniform practice to be followed by all circuits

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether permitting a blanket claim of Fifth Amendment privilege and total exclusion of a confidential informant’s testimony without independent inquiry is constitutional error and whether this Court should prescribe a uniform practice to be followed by all circuits. 2. Whether the First Circuit strayed too far from the rule in Brady v. Maryland when it failed to hold the government’s failure to disclose relevant and material cell phone toll records violated Brady and due process and where the government failed to show harmlessness beyond all reasonable doubt. 3. Whether improper arguments in the government’s closing violated the Fifth and Sixth Amendment. i

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-17
Waiver of right of respondent United States to respond filed.
2020-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2020)
2020-01-23
Application (19A820) granted by Justice Breyer extending the time to file until April 10, 2020.
2020-01-15
Application (19A820) to extend the time to file a petition for a writ of certiorari from February 10, 2020 to April 10, 2020, submitted to Justice Breyer.

Attorneys

Jon Cascella
Ines de Crombrugghe McGillionInes McGillion Law Offices, PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent