No. 23-1144

John Anthony Castro v. United States

Lower Court: Fifth Circuit
Docketed: 2024-04-22
Status: Denied
Type: Paid
Response Waived
Tags: affirmative-defense burden-of-proof estoppel good-faith good-faith-erroneous-interpretation judicial-admission standard-of-review
Key Terms:
Privacy
Latest Conference: 2024-05-30
Question Presented (AI Summary)

If the government raises an affirmative defense, does it bear the burden of proof?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW If the government raises an affirmative defense, does it bear the burden of proof? If the government has previously claimed the Good Faith Erroneous Interpretation affirmative defense, can it again claim that affirmative defense 20 years later in the same jurisdiction? If. the standard of review for the Good Faith Erroneous Interpretation Defense is an objective one, is it proper to take a person’s subjective belief into account? : if the government makes a judicial admission that it did not make a violative disclosure, is the government estopped from making a contingent evidentiary admission to the contrary in a motion for summary judgment? il ; STATEMENT OF

Docket Entries

2024-06-03
Petition DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-06
Waiver of right of respondent United States to respond filed.
2024-04-17

Attorneys

John A. Castro
John Anthony Castro — Petitioner
John Anthony Castro — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent