No. 21-7376

Khalil Stafford v. United States

Lower Court: Third Circuit
Docketed: 2022-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: double-jeopardy fifth-amendment jury-dismissal murder new-jersey rico rico-offense sixth-amendment state-law-prosecution vicar
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Does the Double Jeopardy Clause preclude a Federal jury from considering petitioner's guilt for murder under New Jersey law after a New Jersey jury acquitted him of that same offense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Double Jeopardy Clause of the Fifth Amendment preclude a Federal petit jury from considering petitioners guilt for murder, in violation of New Jersey's murder statute, after a New Jersey petit jury has acquitted him of that same murder charged pursuant to that same New Jersey statute? 2. Was the District Court required to instruct the jury as to the Governments burden to disprove passion provocation manslaughter as demanded by New Jersey’s application of its murder statute? 3. Did the District Court’s dismissal of three jurors, without any legitimate basis, violate Petitioner’s Sixth Amendment right to an impartial jury trial? 4. Did the District Court’s erroneous evidential rulings infringe upon appellant’s Sixth Amendment right to testify in his own defense? 5. Did the charging of petitioner, in a seventh superseding indictment with murder as a predicate RICO offense and a related VICAR count, constitute vindictive prosecution in violation of petitioner’s Fifth Amendment rights? i PARTIES TO PROCEEDING The

Docket Entries

2022-04-18
Petition DENIED.
2022-03-30
DISTRIBUTED for Conference of 4/14/2022.
2022-03-23
Waiver of right of respondent United States to respond filed.
2022-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2022)

Attorneys

Khalil Stafford
John McmahonLaw Office of John J. McMahon, Esq., Petitioner
John McmahonLaw Office of John J. McMahon, Esq., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent