No. 22-855

Keith Raniere v. United States

Lower Court: Second Circuit
Docketed: 2023-03-08
Status: Denied
Type: Paid
Response Waived
Tags: cross-examination due-process harmlessness harmlessness-standard judicial-intervention jury-instructions prosecutorial-misconduct sixth-amendment witness-testimony
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Should a finding of absolute harmlessness be required for an intentional and egregious Sixth Amendment violation?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Because it impacts upon the very structure of the trial, should a finding of absolute harmlessness, rather than harmlessness beyond a reasonable doubt, be required where the Court committed an intentional and egregious Sixth Amendment violation by terminating defense counsel’s cross-examination of the government’s sole cooperating witness in the middle of an extended answer that the court concluded would jeopardize the prosecution’s theory, yet falsely suggesting to the jury that the examination was being stopped due to some impropriety of counsel, and should that be the rule, notwithstanding a prosecutorial offer to make such witness later available on the defense’s case-in-chief?

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-15
Waiver of right of respondent United States to respond filed.
2023-03-06
Petition for a writ of certiorari filed. (Response due April 7, 2023)

Attorneys

Keith Raniere
Mark M. BakerThe Baker Law Firm for Criminal Appeals, PLLC, Petitioner
Mark M. BakerThe Baker Law Firm for Criminal Appeals, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent