DueProcess JusticiabilityDoctri
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
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