No. 19-8612

Edward Ronald Stamper v. United States

Lower Court: Ninth Circuit
Docketed: 2020-06-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consent criminal-intent criminal-law due-process indian-reservation ineffective-assistance-of-counsel jury-instruction jury-instructions mens-rea sexual-abuse sexual-assault
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Was Stamper's conviction in contravention of multiple decisions of this Court, including Rehaif v. United States, 139 S. Ct. 2191 (2019) and United States v. X-Citement Video, 513 U.S. 64 (1994)

Question Presented (from Petition)

QUESTION PRESENTED The government convicted Edward Ronald Stamper of sexual abuse in violation of 18 U.S.C. § 2242(2)(B) based on a jury instruction which provided: In order for the Defendant to be found guilty of sexual abuse as charged in the Indictment, the government must prove each of the following elements beyond a reasonable doubt: First, the Defendant is an Indian person; Second, the Defendant knowingly engaged in a sexual act with [K.]; Third, [K.] was physically incapable of declining participation in, or communicating unwillingness to engage in that sexual act; and Fourth, the crime occurred within the exterior boundaries of the Rocky Boy’s Indian Reservation. Was Stamper’s conviction in contravention of multiple decisions of this Court, including Rehaif v. United States, 139 S. Ct. 2191 (2019) and United States v. X-Citement Video, 513 U.S. 64 (1994), since his jury was instructed that the element of knowingly applied only to the otherwise legal act of having sex, and it was not required to find, beyond a reasonable doubt, that he knew K. was “physically incapable of declining participation in or communicating unwillingness to engage in [a] sexual acts?”

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent United States of America to respond filed.
2020-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2020)

Attorneys

Edward Stamper
Kristina Neal — Petitioner
Kristina Neal — Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent