No. 19-8479

Bernard J. Fleming v. United States

Lower Court: District of Columbia
Docketed: 2020-05-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: closing-arguments criminal-procedure due-process fair-trial personal-opinion prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility
Key Terms:
Securities Immigration
Latest Conference: 2020-06-11
Question Presented (AI Summary)

When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government's chief witness against the defendant, and repeatedly express her opinion on what was 'true' and 'not true,' become unconstitutional vouching for that witness and unconstitutional expressions of personal opinion which deny the defendant's Due Process right to a fair trial?

Question Presented (OCR Extract)

QUESTION PRESENTED When do comments by a prosecutor in her final and rebuttal arguments to the jury in a criminal case that affirm the veracity of the government’s chief witness against the defendant, and repeatedly express her opinion on what was “true” and “not true,” become unconstitutional vouching for that witness and unconstitutional expressions of personal opinion which deny the defendant’s Due Process right to a fair trial?

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2020-05-19
Waiver of right of respondent United States to respond filed.
2020-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)

Attorneys

Bernard J. Fleming
Peter Harwood MeyersMeyers, Peter H, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent