No. 20-6227

Cameron Battiste v. United States

Lower Court: Seventh Circuit
Docketed: 2020-11-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-procedure due-process fifth-amendment grand-jury plain-error-review sixth-amendment
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

1. If a grand jury indicts a defendant for violating 18 U.S.C. § 922(g)(1), but omits the statute's knowledge-of-status element, has the defective indictment deprived the defendant of the Fifth Amendment right not to answer for a crime unless it's presented to the grand jury as well as the Sixth Amendment right to be informed of the nature and cause of the accusation?

2. If a petit jury finds a defendant guilty of violating 18 U.S.C. § 922(g)(1) without considering the statute's knowledge-of-status element or having the government present any evidence of that element, does the conviction violate the Fifth Amendment's due process clause?

3. When engaging in plain error review, can an appellate court look to facts never presented to a petit jury and rely on them to determine that a defendant is unable to establish a defect that seriously affects the fairness, integrity or public reputation of a judicial proceeding?

Question Presented (AI Summary)

Whether a defective indictment that omits an element of the charged offense deprives the defendant of Fifth and Sixth Amendment rights

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-20
Reply of petitioner Cameron Battiste filed. (Distributed)
2021-01-04
Memorandum of respondent United States of America filed.
2020-12-03
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2021.
2020-12-02
Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk.
2020-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2020)

Attorneys

Cameron Battiste
Daniel HillisFederal Public Defender's Office for the Central District of Illinois, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent