No. 20-6936

Scott Tucker v. United States

Lower Court: Second Circuit
Docketed: 2021-01-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence jury-instructions mens-rea racketeering
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception of the charged conduct

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court of Appeals has endorsed an inflexible rule that limits evidence of legal advice rendered to the defendant to the very inception of the charged conduct. This rule, which provides an unfair advantage to the government, conflicts with decisions in other circuits. 2. Whether lower courts need guidance from the Supreme Court on a recurring subject as to which different rules have developed: the admissibility of expert testimony that involves matters of law, but does not usurp the district court’s role in instructing the jury on the law applicable to the case. 3. Whether there is a need for a uniform mens rea element in racketeering prosecutions for the collection of unlawful debt. At present, there is a conflict among the circuits, and different positions will lead to disparate results, in violation of due process. i

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-02-02
Waiver of right of respondent United States to respond filed.
2021-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2021)

Attorneys

Scott Tucker
Beverly Van Ness — Petitioner
Beverly Van Ness — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent