No. 19-8466

Branch William Niehouse v. Brigitte Amsberry

Lower Court: Ninth Circuit
Docketed: 2020-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law evidence force legal-sufficiency lost-and-found property-rights robbery robbery-evidence speculative-testimony trespass trespassing use-of-force
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-06-11
Question Presented (AI Summary)

Whether the evidence of robbery was legally sufficient when the only evidence of threatened use of force was speculation about sunglasses that may have been taken from the business's lost and found

Question Presented (OCR Extract)

QUESTIONS PRESENTED Would reasonable jurists debate whether the evidence of robbery was legally sufficient when the only evidence that Mr. Niehouse’s threatened use of force while trying to exit the business where he was trespassing was to retain stolen property was speculation sunglasses he appeared to carry might have been taken from the business’s lost and found?

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-05-22
Waiver of right of respondent Brigitte Amsberry to respond filed.
2020-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)

Attorneys

Branch Niehouse
T. J. HesterFederal Public Defender, Petitioner
Brigitte Amsberry
Benjamin Noah GutmanOregon Department of Justice, Respondent