No. 21-5770

Arthur Perrault v. United States

Lower Court: Tenth Circuit
Docketed: 2021-09-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 403-balancing-test due-process fair-trial federal-rules-of-evidence jury-unanimity sexual-misconduct
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2021-11-05
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-19
Waiver of right of respondent United States to respond filed.
2021-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2021)

Attorneys

Arthur Perrault
Aric Grant ElsenheimerFederal Public Defender for the District of New Mexico, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent