No. 20-6030

Byron A. Wyatt v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure evidentiary-sufficiency interest-of-justice interests-of-justice material-evidence newly-discovered-evidence rule-33 standard-of-review sufficiency-of-evidence trial-standard
Key Terms:
Securities Immigration LaborRelations
Latest Conference: 2020-11-13
Question Presented (AI Summary)

Whether F.R.Crim.P. Rule 33's standard for granting a new trial based on newly discovered evidence 'if the interest of justice so requires' cannot be satisfied if there is any evidence sufficient to convict the defendant even though the newly discovered evidence is both material and not merely cumulative or impeaching?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether F.R.Crim.P. Rule 33’s standard for granting a new trial based on newly discovered evidence “if the interest of justice so requires” cannot be satisfied if there is any evidence sufficient to convict the defendant even though the newly discovered evidence is both material and not merely cumulative or impeaching? il

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-20
Waiver of right of respondent United States of America to respond filed.
Main Document
2020-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Byron Wyatt
Rebecca L. Hudsmith — Office of the Federal Public Defender for the Middle and Western Districts of LA, Petitioner
United States of America
Jeffrey B. Wall — Acting Solicitor General, Respondent