No. 20-5854

Trumaine Muller v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-law criminal-procedure drug-offense drug-offenses intervening-act jury-instruction jury-instructions mens-rea plain-error proximate-cause
Key Terms:
DueProcess
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Whether the trial court committed plain error in failing to instruct the jury that the government had to prove mens rea as to each drug offense and the resulting death

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. THE TRIAL COURT COMMITTED PLAIN ERROR IN FAILING TO INSTRUCT THE JURY THAT THE GOVERNMENT HAD TO PROVE MENS REA AS TO EACH DRUG OFFENSE AND THE RESULTING DEATH. Il. THE GOVERNMENT FAILED TO ESTABLISH THAT MULLER’S ACTS WERE THE PROXIMATE CAUSE OF THE DEATH OF ARIELL BRUNDIGE. Il. THE EVIDENCE IN THIS CASE PLAINLY ESTABLISHES THAT AN INTERVENING ACT RESULTED IN THE DEATH OF ARIELL BRUNDIGE. i

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-14
Waiver of right of respondent United States to respond filed.
2020-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2020)

Attorneys

Trumaine Muller
William Mallory KentKent & McFarland, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent