whether-an-unrecorded-conference-is-a-hearing-or-trial-under-federal-rule-of-appellate-procedure-10(c)

QUESTIONS PRESENTED I. Whether an unrecorded conference in chambers is a “hearing or trial,” or “proceeding,” under Federal Rule of Appellate Procedure 10(c) such that a statement of the conference can be prepared and complete the record on appeal.! IJ. Whether the Eighth Amendment prohibits the Federal Government from sentencing a defendant to death on a finding of future dangerousness based in substantial part on graphic testimony and evidence about attacks on prison officials and prison inmates committed by other inmates at other times and having no connection to the defendant. III. Whether a District Court’s failure to answer a deliberating jury’s question in open court, in a defendant’s presence, violates the Fifth and Sixth Amendments, and Fed. R. Crim. P. 43. 1 The petition for writ of certiorari in Savage v. United States, No. 20-1389, raises another question about Federal Rule of Appellate Procedure 10: “Whether the Third Circuit properly held—in conflict with decades of federal practice endorsing flexible procedures to assemble a complete record on appeal—that an appellant seeking a complete appellate record must overcome procedural impediments lacking any basis in Rule 10’s text.” i