No. 22-6874

Anael Sainfil v. United States

Lower Court: Second Circuit
Docketed: 2023-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: body-armor-enhancement due-process effective-assistance-of-counsel insufficient-evidence jackson-v-virginia miranda-rights miranda-v-arizona sixth-amendment
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2023-03-24
Question Presented (AI Summary)

May this Court's decision in Jackson v. Virginia be applied to set aside the conviction in this case?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW : 1, May this Court's decision in 99, S. Ct. 2781, 61 LED 2d 560, 443 U.S. 307 Jackson v. Virginia as to what constitutes insufficient evidence be applied to set aside the conviction in _ this case? 2. Was due process and right to effective assistance of counsel under the Fifth and Sixth Amendments violated when Petitioner's lawyer did not contest pre-miranda statement and conceded in opening statements to Petitioner being outside bank with no further explanation? 3. Is it proper for. Court's to apply body armor enhancement where : record is devoid of any evidence that Petitioner had knowledge that one would be used? 4. May this Court's decision in 384 U.S. 436 Miranda v. Arizona be applied to set aside a conviction in this case. (1)

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2023-03-02
Waiver of right of respondent United States to respond filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2023)
2022-10-28
Application (22A361) granted by Justice Sotomayor extending the time to file until January 9, 2023.
2022-10-20
Application (22A361) to extend the time to file a petition for a writ of certiorari from November 8, 2022 to January 7, 2023, submitted to Justice Sotomayor.

Attorneys

Anael Sainfil
Anael Sainfil — Petitioner
Anael Sainfil — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent