No. 22-6037

Spencer Jean v. United States

Lower Court: Second Circuit
Docketed: 2022-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924c 6th-amendment criminal-procedure disclosure-requirements due-process expert-witness fair-trial government-misconduct rule-16-disclosure sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2022-12-09
Question Presented (AI Summary)

whether-the-jury-verdict-was-metaphysically-impossible

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. This Court should Grant certiorari review, Vacate the lower court's judgment, and Remand the case {GVR) based on the court of appeals error in affirming the district court's violation of Fed. R.Crim.P. 16°s disclosure requirement especially considering the amendment to Rule 16(a){1)(G)—Expert Witnesses Ordered April 11, 2022 establishing a clear violation of Petitioner's Due Process right to a Fair Trial. II. This Court should grant this petition for Certiorari based on the well established principle inherent in the Due Process of Law that a conviction may not rest on the presentation of intentionally false evidence by the goverment. III. Whether the jury verdict that Petitioner "discharged" but did not "branish" a firearm under 18 U.S.C. 924(c) was "metaphysically impossible" invalidated the jury finding that he violated the greater offense without violating the lesser offense in contravention of the Sixth Amendment. et EEE LAREN EN te, a tn tn ine eos enaemagareay

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-15
Waiver of right of respondent United States to respond filed.
2022-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2022)

Attorneys

Spencer Jean
Spencer Jean — Petitioner
Spencer Jean — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent