No. 20-7886

Shirl A. Stephen v. United States

Lower Court: District of Columbia
Docketed: 2021-04-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence fifth-amendment sentencing witness-impeachment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether impeachment of a witness in a criminal trial under D.C. Code § 14-305 requires proof that the witness was actually sentenced for the prior convictions used for impeachment under the Due Process Clause of the Fifth Amendment?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED D.C. Code § 14-305 establishes the method upon which a witness may be impeached by a criminal "conviction," which the District’s case law defines as a criminal offense for which the defendant has already been sentenced. Here, the government impeached the defendant with five (5) prior convictions without proving that each conviction was premised on an actual sentence. Whether such impeachment in a criminal trial comports with the Due Process Clause of the Fifth Amendment?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-05-04
Waiver of right of respondent United States to respond filed.
2021-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)

Attorneys

United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent