No. 21-5553

F. Daly v. Maine

Lower Court: Maine
Docketed: 2021-09-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: beyond-reasonable-doubt boyde-v-california burden-of-proof constitutional-standard criminal-procedure due-process jury-instructions standard-of-proof sullivan-v-louisiana witness-testimony
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the jury instruction misdescribes the standard of proof, resulting in a reasonable likelihood of unconstitutional application

Question Presented (OCR Extract)

question presented is whether this instructional language so misdescribes the standard that there is a reasonable likelihood that jurors have unconstitutionally applied the standard of proof: The testimony of a single witness is sufficient to prove any fact and would justify a verdict in accordance with such testimony even if a number of witnesses may have testified to the contrary if, after consideration of all of the evidence, you believe that the single witness is more accurate and more truthful. The test is not which side brings the greater number of witnesses or presents the greater quantity of evidence but which witness and which evidence you find is most accurate and otherwise trustworthy in determining whether or not the State has met its burden of proof considering all of the evidence in the case. (emphasis added).

Docket Entries

2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-09-08
Waiver of right of respondent Maine to respond filed.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2021)

Attorneys

F Daly
Rory Abbott McNamaraDrake Law, LLC, Petitioner
Rory Abbott McNamaraDrake Law, LLC, Petitioner
Maine
Donald William MacomberMaine Office of the Attorney General, Respondent
Donald William MacomberMaine Office of the Attorney General, Respondent