No. 22-6135

Monzell Harding v. United States

Lower Court: Ninth Circuit
Docketed: 2022-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure district-court-discretion evidence extrinsic-evidence rico rico-conspiracy rule-404(b) rule-404b trial-error uncharged-crimes
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Was the district court required by JHuddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted from its admission against petitioner of highly prejudicial extrinsic evidence of 15 uncharged, armed street robberies once it had concluded that the Government had failed to prove that the robberies were 'inextricably linked' to the charged RICO conspiracy?

Question Presented (OCR Extract)

QUESTION PRESENTED Was the district court required by JHuddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted from its admission against petitioner of highly prejudicial extrinsic evidence of 15 uncharged, armed street robberies once it had concluded that the Government had failed to prove that the robberies were “inextricably linked” to the charged RICO conspiracy? Was the district court required to grant petitioner’s motion for a new trial because its finding that the Government had failed to prove a link between the uncharged crimes and the enterprise was reached only after the jury’s verdict was returned, and no other curative action remained?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-12-01
Waiver of right of respondent United States of America to respond filed.
2022-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2022)

Attorneys

Monzell Harding
Mary Elizabeth PougialesPougiales Law Offices, Petitioner
Mary Elizabeth PougialesPougiales Law Offices, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent