No. 23-5458

Kimeo Delmar Conley v. Jason Wells, Warden

Lower Court: Seventh Circuit
Docketed: 2023-08-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment burden-of-proof constitutional-rights criminal-procedure due-process evidence fourth-amendment jury-instructions sixth-amendment statutory-interpretation
Latest Conference: 2023-09-26
Question Presented (AI Summary)

When Criminal statute has [8] elements on its face (wis stat) (144.051) to be Proved beyond a Reasonable doubt and the state only tries to prove [3] elements, Does this violate the 4th Amendment of the U.S. Constitution, that requires that Due Process requires that the Prosecution Prove beyond a Reasonable doubt all elements in the definition of the offense

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Co When Criminal stebube hag [8] element's on ¥5s Pace ( wis staf) (144.051) 40 be Proved beyond a Ceasenable doub band the state Owy tries Jo prove C3] clemeny's. Does Mis yolabe the \4th Amentimnt of Ye ws. Canstiluben, that Reguie’s Yat Dug Process fequire’s Hab the Prosecution Prove beyond a Feascnule dowk} all clement in the definition of the oF ense, ( patberson y New yer) 43X Ws. 19 ( gr), Cus V Gaudin) BIS Ws. soy at slo (1995 )0 2) When a Jury instrachen Code \iKe Dalat) is not Considered to be binhey law (Nommensen V American Continental inc -co) AG wis. ad 13% at 944 (aol) and Wos not made by She leqistalure of law maker's of The state, Buk Was Composed, by Tria\ Judges Vw fee's and Jeja\ Scholars, (24) C state y Vrommely) 33") wis. ad 156 at 30 (Qol9).2Im 4 case Where 1} Was used, sheuld the L Rule of leniby J be applied. \n the forbioners Fovar T yneaning that C8] elements Shewid have been preven no} dust [3 Je 3.) Does ( silveste V Grenersl imoler co) 291 F 30 a 7 on serv: 34 GAC deol) = Remain good law jwhen ebidence 1S destecped in A Criminal case f Thus Mon daking a Sunchen jwhin this occurs, Which Vielabed the 4? Ameaiinak of Ye Due Process Clause try & manner that Warranks a dismissa) of the LEY count of the traf hickins Char 5¢ iF AS q Warranted Sanchion ,

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-08-31
Waiver of right of respondent Wells, Warden to respond filed.
2023-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2023)

Attorneys

Kimeo D. Conley
Kimeo Delmar Conley — Petitioner
Kimeo Delmar Conley — Petitioner
Wells, Warden
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent