No. 21-6704

Jose D. Drew v. United States

Lower Court: Eighth Circuit
Docketed: 2021-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some articulable inference for the jury to draw to a material element of the charged offense

Question Presented (from Petition)

QUESTION PRESENTED Federal Rule of Evidence 404(b) subsection 1 prohibits the use of evidence of any other crime, wrong, or act to prove a person’s character in order to show that on particular occasion the person acted in accordance with the character. Subsection 2 allows for the admission of this evidence for another purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. The question presented is: Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some articulable inference for the jury to draw to a material element of the charged offense. ii

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-05
Waiver of right of respondent United States to respond filed.
2021-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2022)

Attorneys

Jose Drew
David Joseph GuastelloThe Guastello Law Firm, LLC, Petitioner
David Joseph GuastelloThe Guastello Law Firm, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent