No. 22-6522

Charvez Brooks v. United States

Lower Court: Fourth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure direct-appeal due-process federal-courts hobbs-act ineffective-assistance interstate-commerce judicial-discretion jury-instructions reasonable-doubt standard-of-proof
Key Terms:
HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does a federal district court possess meaningful discretion to define 'proof beyond a reasonable doubt' in jury instructions?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Does a federal district court possess meaningful discretion to define “proof beyond a reasonable doubt” in jury instructions upon request of a criminal defendant? Il. Ifa federal defendant for the first time on direct appeal raises a colorable claim of ineffective assistance by his trial counsel, with support in the existing record, should a Court of Appeals remand the case to the district court to conduct an evidentiary hearing rather than require the defendant to wait until a post-conviction proceeding under 28 U.S.C. § 2255, when he has no right to the assistance of counsel, to raise the claim? Ul. In order to convict a defendant of robbery of a business establishment under the Hobbs Act, 18 U.S.C. § 1915(a), must the prosecution prove beyond a reasonable doubt that the charged robbery itself had a “substantial” effect on interstate commerce — without considering the “aggregate” effect on interstate commerce of other robberies of similar business establishments? ii

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-18
Waiver of right of respondent United States to respond filed.
2023-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Charvez Brooks
Brent Evan NewtonAttorney at Law, Petitioner
Brent Evan NewtonAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent