No. 21-5049

Yancey J. Myers, aka Yam v. United States

Lower Court: Eighth Circuit
Docketed: 2021-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-conviction criminal-procedure due-process fatal-variance judicial-integrity plain-error reversible-error standard-of-review
Key Terms:
Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

When the as facto elauee is nic hed ae Ee eit 2 '5 obviously plain, does this error, reguire a reversal of Seog! criminal Conv aha

Question Presented (OCR Extract)

QUESTION(S) PRESENTED When the as facto elauee is nic hed ae Ee eit 2 ‘5 obviously plain, does this «4. error, reguire a reversal of 6 Seog! criminal Conv aha Z)\When a greater court FC, COA )does not vacate a eriming | Conviction, where @ Plainerror™ substantially and obviously prejudiced a defendant 2nd violated that defendants Canstitytional Zights? Would such bea Grave /iscaret lusticé, Therepy callin egrity oF that : ? J into question the inteqri a urrs 3) Dees the fatal variance, based onthe impropieties of language in the Count Z2 charge , using “ANB incomparison to the Jury instruction tusteen lve See Thereby deprive the petitioner of his Constitutiong | rights ett by the Gt amendment "to be informed of the nature Gnd Cause of +he accusations? ANd does this-fatai variance also, violate me Stand 14¢4amendment of bue Process of law depriving petitioner of these yital Constitectional RIGATS* 7 5 : ‘moropieties of lanquagé used by the 4) Does the fatal variance of the re yitioners indictment using 19 charged alleged offense of Fer! 7 | Count 2 charges ary dict forme useing “OR” CAUSE 4 “anp’ in Comparison to the Ve ve y —— tah? ait lo choice and thereby igniting @® unanimous verdicts 5) Would it be appropiate to allow the testimony of a government on . hat has a preconcieved sien of the cause. Expert witness, tna yt ot death where the precise Seguent € of the Substances present in the deceased have been redacted and/oe the isk ae Is incomplete and inadequate , be used to Sustain a on a rons Awp if not would such festimony be deemed Worthless s

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-20
Waiver of right of respondent United States to respond filed.
2021-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent
Yancey J. Myers
Yancey J. Myers — Petitioner
Yancey J. Myers — Petitioner