No. 22-6926

Jesse Davenport, aka Draco John Flama v. United States

Lower Court: Ninth Circuit
Docketed: 2023-03-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy criminal-conviction due-process fifth-amendment grand-jury multi-count-indictment petit-jury
Key Terms:
FifthAmendment
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Whether a court violates a defendant's Fifth Amendment Grand Jury rights

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a court violates a defendant’s Fifth Amendment Grand Jury rights when it instructs a petit jury that it can convict him for a conspiracy consisting of any crime charged in a multi-count indictment rather than the specific conspiracy passed on and handed up by the grand jury?

Docket Entries

2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-08
Waiver of right of respondent United States to respond filed.
Main DocumentMain Document
2023-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2023)
PetitionAppendixMotion for Leave to Proceed in Forma PauperisCertificate of Word CountProof of ServiceProof of ServicePetitionAppendixMotion for Leave to Proceed in Forma Pauperis

Attorneys

Jesse Davenport
Ellis Murray Johnston III — Clarke Johnston Thorp & Rice PC, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent