No. 23-469

Andrew P. Witt v. United States

Lower Court: Armed Forces
Docketed: 2023-11-02
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: criminal-procedure due-process fair-trial fundamental-fairness judicial-ethics military-justice military-sentencing prosecutorial-misconduct sentencing
Key Terms:
DueProcess FifthAmendment Punishment
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Did the prosecutor's misconduct deprive Senior Airman Witt of due process protections and render the sentencing fundamentally unfair?

Question Presented (OCR Extract)

QUESTION PRESENTED The prosecutor repeatedly exhorted the panel members to consider how their sentence would reflect on them personally and professional and suggested that the members would be responsible for any future harm committed by Senior Airman Witt. Did this misconduct deprive Senior Airman Witt of due process protections and render the sentencing fundamentally unfair?

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-08
Waiver of right of respondent United States to respond filed.
2023-10-31
2023-08-29
Application (23A178) granted by The Chief Justice extending the time to file until November 2, 2023.
2023-08-23
Application (23A178) to extend the time to file a petition for a writ of certiorari from September 3, 2023 to November 2, 2023, submitted to The Chief Justice.

Attorneys

Andrew Witt
Heather Marie CaineUS Air Force, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent