No. 20-7981

Stephen Nivens v. J. Phillip Morgan, Warden, et al.

Lower Court: Fourth Circuit
Docketed: 2021-05-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: charging-document constitutional-rights double-jeopardy duplicitous duplicitous-charging fifth-amendment jury jury-trial multiplicitous multiplicitous-charging
Key Terms:
FifthAmendment Privacy
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether the Petitioner has a right to be free from Double Jeopardy

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the Petitioner has a right to be free from Double Jeopardy, after the jury was sworn in and with the jury ruling upon Count 5 and Count 6 pursuant to the sameness analysis and charging document, which were both duplicitous and multiplicitous, pursuant to the Fifth Amendment?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-14
Waiver of right of respondent J. Phillip Morgan, et al. to respond filed.
2021-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2021)

Attorneys

J. Phillip Morgan, et al.
Daniel John JaworOffice of the Attorney General of Maryland, Respondent
Stephen Nivens
Stephen Nivens — Petitioner