No. 22-357

Mashour Howling v. Maryland

Lower Court: Maryland
Docketed: 2022-10-18
Status: Denied
Type: Paid
Response Waived
Tags: criminal-felony due-process inter-state-comity lambert-v-california mens-rea morissette-v-united-states rehaif-v-united-states second-amendment status-violation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Whether the presumption of 'guilty mind' mens rea element for a jury to convict, previously adopted for all federal cases in Rehaif v. United States, should include serious felonies from state statutes seeking to criminalize complex and conflicting collateral 'status' designations from other states, consistent with Morissette v. United States and Lambert v. California

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether in state criminal felony cases premised upon inter-state comity concerns of state statutes conflicting on the legal effect given the underlying “status” violation, the “universal” Common Law presumption requiring mens rea, first addressed by this Court in Morissette v. United States, 72 S. Ct. 240 (1952) (J. Robert Jackson), consistent with the Due Process violation described in Lambert v. California, 78 S. Ct. 240 (1957), and later adopted for Federal cases in Rehaif v. United States, 139 S. Ct. 2191 (2019), should apply. 2. Whether Maryland’s pattern jury instruction approved by Maryland’s High Court below, lacking any “guilty mind” scienter requirements for felony convictions with potential lengthy incarceration regardless of the circumstances, was proper, under Morissette, Lambert, and Rehaif, when the categorical “crime of violence” charged was an almost 20 year-old collateral “simple assault” conviction in Pennsylvania, with Petitioner’s home state having legislatively and factually determined previously, Petitioner was qualified to possess a firearm. ii STATEMENT OF

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-24
Waiver of right of respondent State of Maryland to respond filed.
2022-10-13
Petition for a writ of certiorari filed. (Response due November 17, 2022)
2022-09-09
Application (22A208) granted by The Chief Justice extending the time to file until October 13, 2022.
2022-09-02
Application (22A208) to extend the time to file a petition for a writ of certiorari from September 13, 2022 to October 13, 2022, submitted to The Chief Justice.

Attorneys

Mashour Howling
Michael Alan WeinLaw Offices of Michael A. Wein, LLC, Petitioner
State of Maryland
Carrie J. Williams — Respondent