No. 21-5367

Roger Everett Smith, III v. United States

Lower Court: Ninth Circuit
Docketed: 2021-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alien-transporting alienage confrontation-clause criminal-procedure deposition-testimony good-faith-effort material-witnesses sixth-amendment witness-procurement
Key Terms:
Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amounts to a 'good-faith effort to procure witnesses' so as to comport with the Confrontation Clause to the Sixth Amendment before resorting to deposition testimony

Question Presented (OCR Extract)

Questions Presented For Review L Whether the mailing of form letters addressed to three material witnesses in three small villages in Mexico approximately two weeks before trial amounts to a “good-faith effort to procure witnesses” so as to comport with the Confrontation Clause to the Sixth Amendment before resorting to deposition testimony. II. | Whether there was sufficient evidence of alienage in this alien transporting case where the Government failed to ask all three material witnesses if they were United States citizens, asking instead if they were citizens of Mexico, as if the two things were mutually exclusive. 2

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-19
Waiver of right of respondent United States to respond filed.
2021-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2021)

Attorneys

Roger Everett Smith, III
Stephen Jonathan YoungWilliamson & Young, Petitioner
Stephen Jonathan YoungWilliamson & Young, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent