Arthur Perrault v. United States
FifthAmendment DueProcess
Does the uncertainty engendered by the lack of uniform application of Federal Rules of Evidence 413/414 and the 403 balancing test permit district courts to admit a limitless and unbounded number of prior instances of sexual misconduct and thereby deprive a defendant, like Mr. Perrault, of his right to due process and a fair trial?
Questions Presented I. Does the uncertainty engendered by the lack of uniform application of Federal Rules of Evidence 413/414 and the 403 balancing test permit district courts to admit a limitless and unbounded number of prior instances of sexual misconduct and thereby deprive a defendant, like Mr. Perrault, of his right to due process and a fair trial? Il. Do overlapping and non-specific jury instructions violate the requirements of jury unanimity and the prohibition against double jeopardy? i