No. 21-6090

Olry Maurival v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-10-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy crawford-confrontation criminal-procedure evidence-sufficiency false-tax-return false-tax-returns hearsay-evidence sufficiency-of-evidence tax-fraud
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the verdict of guilt was supported by sufficient evidence

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. WHETHER THE VERDICT OF GUILT WAS SUPPORTED BY SUFFCIENT EVIDENCE TO SUSTAIN A CONVICTION, AND THE EVIDENCE, VIEWED IN A LIGHT MOST FAVORABLE TO THE GOVERNMENT, WITH ALL REASONBLE INFERENCES AND CREDIBILITY CHOICES IN FAVOR OF THE JURY’S VERDICT, WAS SUFFICIENT SUCH THAT ANY RATIONAL TRIER OF FACT COULD NOT HAVE FOUND THAT THE ESSENTIAL EVIDENCE REQUIRED FOR THE GOVERNMENT TO PROVE THE OFFENSES OF CONSPIRACY TO DEFAUD THE UNITED STATES OF AMERICA, AIDING AND ASSISTING THE PREPARATION OF FALSE TAX RETURNS and MAKING AND SUBSCRIBING A FALSE TAX RETURN. II. DID THE DISTRICT COURT ERR BY ALLOWING A WITNESSES TO TESTIFY AS TO HEARSAY IN VIOLATION OF F.R.E. 801(d)(2)E WHEN THE STATEMENT, OFFERED AND ACCEPTED OVER OBJECTION, WAS MADE BY AN UNINDICTED CO-CONSPIRATOR AT A TIME CLEARLY OUTSIDE OF THE CHARGED CONSPIRACY AND NOT MADE IN FURTHERANCE OF THE CONSPIRACY, AND ADDUCED SOLELY TO IDENTIFY APPELLANT IN CONNECTION WITH THE CONSPIRACY. FURTHER, THE STATEMENT’S INTRODUCTION WAS VIOLATION UNDER CRAWFORD AND U.S. CONST. AMEND. VI. i INTERESTED PARTIES There are no

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-04
Waiver of right of respondent United States of America to respond filed.
2021-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

Olry Maurival
Howard J. SchumacherHoward J. Schumacher, P.A., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent