No. 22-205

Demetrios Stavrakis, aka Dimitrios Stavrakis, aka Jimmy v. United States

Lower Court: Fourth Circuit
Docketed: 2022-09-07
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split circumstantial-evidence criminal-procedure evidence-sufficiency federal-court judgment-of-acquittal motion-for-judgment-of-acquittal rule-of-equipoise sufficiency-of-evidence
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether a federal court must apply the 'rule of equipoise' and grant a motion for judgment of acquittal when evidence of guilt and innocence is evenly balanced

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a federal court, assessing the sufficiency of the evidence in a criminal case based wholly on circumstantial evidence, must apply the “rule of equipoise” and grant a motion for judgment of acquittal when, construing the evidence in the light most favorable to the government, evidence of guilt and innocence is evenly balanced. ii RELATED CASES United States Court of Appeals for the Fourth Circuit, Nos. 20-4149, 20-4184, United States v. Demetrios Stavrakis, Judgment entered February 24, 2022; United States District Court for the District of Maryland, No. ELH-19-00160, United States v. Demetrios Stavrakis, Amended Judgment and Conviction and Sentence entered February 25, 2020.

Docket Entries

2022-10-11
Petition DENIED.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-13
Waiver of right of respondent United States to respond filed.
2022-09-02
2022-06-27
Application (21A852) granted by The Chief Justice extending the time to file until September 2, 2022.
2022-06-21
Application (21A852) to extend the time to file a petition for a writ of certiorari from July 4, 2022 to September 2, 2022, submitted to The Chief Justice.

Attorneys

Demetrios Stavrakis
Howard Milton SrebnickBlack Srebnick, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent